
Class F / ^< j..r 
Book_^ 



.iL 




HISTORY OF NEW-YORK. 



HISTORY 



OF THE LATE 



PROVINCE OF NEW-YORK, 



ITS DISCOVERY, 



APPOINTMENT OF GOVERNOR COLDEN. 



1762. 



!'•■% 



BY THE HON. WILLIAM SMITI 

Formerly of New- York, and late Chief Justice of Lower Canaftai^ 



VOL. I. 

— Q09 — ■ 

NEW-YORK: 

PUBLISHED UNDER THE DIRECTION OF THE NEW-YORK 
HISTORICAL SOCIETY. . , _. 



Grattan, Print, 

1830. 






SOUIHERN DISTRICT OF NEW-VORK, ss. 
Jie it rcmcmbcrrd, That on the 7th day of November, A. D. 18-29, in the 54th year of the 
hidependeuce of llic United States of America, JOHN DELAFIELD, of the said District, 
liath deposited in tills office the title of a book, the right wliereof he claims as proprietor 
in the words following, to wit : 

" The llistury of the Province of JVew-York, from its discovery to the appointment of Oo- 
vcrnor Colden, in 1760. By the honourable IVilliam Smith, formerly of JVeac York, and late 
Chief Justice of Lower Canada. Published under the direction of Vie Jfew- York Historical 
Society. 

In conformity to tiic Act of Conjress of the United States, entitled " An act for the en- 
couragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors 
and proprietors of such copies, during the times therein mentioned." And also to an Act 
entitled " An Act, supplementary to an Act, entitled an Act for the encouragement of Learn- 
ing, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of 
such copies, during Uie times therein mentioned, and extending the benefits thereof to the aits 
of designing, engraviog, aad «tchiug historical and other prints." 

FRED. J. BETTS, 

Clerk of the Southern District of J^ew-York. 



NOTICE. 



The present volumes, now for the first time associated, 
contain the History of the State of New-York fiom its first 
discovery to the year 1762, by the late William Smith, for- 
merly Chief Justice of Canada, with the author's last altera- 
tions and additions from the original manuscripts. On a 
production, a part of which has been so long before the public, 
and so highly appreciated, it is scarcely necessary to make 
any commentary. It is sufiicient to observe, that had the 
Historical Society rendered no other service to the commu- 
nity than the publication of these volumes, this alone would 
have justified the bounty of the Legislature, But they trust 
that their other labours are appreciated, and hope the public 
will see, in these efforts, a design to fulfil the obligations to 
which the Society is pledged, and to enhance the character 
of the great State of which they are members. 

The Continuation of the History will be found not inferior 
in interest or execution to the part so well known. It treats 
of the period between the years 1736 and 1762. The father 
of the historian was a conspicuous actor in these times, and 
the Chief Justice had the most ample means of information. 
The Biographical Memoir furnished by his son, the Hon. 
William Smith, of Canada, though brief, will be perused with 
pleasure by all who feel an interest in the circumstances of 
one of the most prominent public men of his day. Here is a 
striking coincidence in several respects, between the proposi- 
tion of Smith for the government of the colonies and that of 
Dr. Franklin, made in the year 1754. At this early dale 
the question of union was decided almost unanimously : th«? 
several committees appointed by the respective States having 



VI 



reported thereon, the plan of Frankhn was preferred, and 
with a few amendments was reported. By this plan the 
general government was to be administered by a president 
general appointed and supported by the crown; and a grand 
council to l)e chosen by the representatives of the people, of 
the several colonies met in their respective assemblies. 

The author's geographical description of the early state of 
the colony of New- York, which originally appeared in the 
cjuarto edition of his history, is in this edition embraced as an 
appendix to volume first. 

The State of New-York, while she does justice to her great 
natural resources, ought not to be indifferent to her own 
fame, or the reputation of her distinguished sons. These are 
her property, not less valuable or productive than the tolls 
on her canals. By making known meritorious exertions, we 
point out the way to farther efforts, and excite the spirit of 
emulation. In the present condition of affairs, this is best 
done by institutions like our own ; individual attempts are 
for the most part lost and ineffectual. During the period 
embraced in the narrative of Smith, this State was for a long 
time the chief seat of w^ar, and on its borders was settled 
the title to a great part of North America. Exposed to the 
incursions and depredations of hostile powers, its prosperity 
was checked and its high destiny deferred. We are now a 
united people, and, under the benign influence of republican 
institutions, its rank is the first in the confederation. 

May her example shed a salutary influence over her sister 
States, and may those to whom her fortunes are confided, 
continue to act worthy of her and of themselves. 

JOHN W. FRANCIS, ) Committee 
JOHN DELAFIELD, } of 

DAVID HOSACK. ) Publication. 

City ofjXew-York, JVov. 16, 1839. 



CONTENTS. 



PART I. PAGE. 

From the Discovery of the Colony to the Surrender in 1664, 1 

PART II. 

From the Surrender in 1664, to the Settlement at the Revolution, 35 

PART in. 
From the Revolution to the second Expedition against Canada, 109 

PART IV. 

From the Canada Expedition in 1709, to the arrival of Governor 
Burnet, 197 

PART V. 

From the year 1720, to the commencement of the administration of 
Colonel Cosby, 247 

APPENDIX. 

Chap. I. — A Geographical Description of the Country, 295 

Chap, n.— Of the Inhabitants, 323 

Chap. III.— Of our Trade, 330 

Chap. IV.— Of our Religious State, 336 

Chap, v.— The Political State, 350 

Chap. VI. — Of our Laws and Courts,.,... ........,..,.,.,.. , 367 



MEMOIR 



OF THE 



HONOURABLE WILLIAM SMITH, 

WRITTEN BY HIS SON. 

William Smith was born at New- York, on the 
25th of June, 1728. His father, a lawyer of emi- 
nence in that province, became a member of his 
majesty's council, and was afterwards appointed 
judge of the court of King's Bench. Judge Smith 
left many children, the eldest of whom is the sub- 
ject of this memoir. 

Mr. Smith was thus descended from a respectable 
family in the province, and his father perceiving he 
evinced considerable talent in his youth, sent him 
early to a grammar school at New- York. At school 
he was an extraordinary proficient ; and when suffi- 
ciently instructed, was sent to Yale College, at New 
Haven, in Connecticut, where he distinguished him- 
self so much by his learning and assiduity, that he 
obtained the degree of A. M. at a very early age. 

He was well acquainted with the ancient writers, 
particularly with the Greek Philosophers, whose 
history he read in their native language ; while he 
understood sufficient of the Hebrew to become 
familiar with many things in Rabbinical learning. 
He made the study of divinity a chief pursuit ; and 
those who read what he had written on this important 

B 



X. .MEMOIR OF THL ALTIIOR. 

subject, were astonished at his knowledge of the 
scriptures; while to many it appeared incredible, 
that one man should have acquired in a few years 
such variety of knowledge in matters unconnected 
with his immediate avocations. 

He had jireat readiness in arithmetic, was an ex- 
cellent mathematician, and in medicine was so well 
informed, that several eminent physicians of his na- 
tive state have declared, that in answer to several 
questions propounded to him on this science, he had 
discovered great judgment, as well as minute know- 
ledge : indeed he understood almost as much of the 
general principles of the healing art, as speculation 
without practice could enable him. 

He was a devout christian, a sincere protestant, and 
tolerant and just to those from whom he differed 
most. He used constantly to worship God in his 
family, performing its duties always himself. 

Having spent several years at college, Mr. Smith 
repaired to his native city, where he studied law ; and 
after being called to the bar, he entered into a very 
extensive practice : he was above the mean appetite 
of loving money, for if he saw a cause was unjust, 
he would state that it was so, and if the litigant par- 
ties persisted in their respective views, he would de- 
sire them to seek another counsellor : if he found the 
cause doubtful, he always advised his client to com- 
promise ; when differences were referred to him, 
which he settled, he would receive no reward, though 
offered it by both parties, considering himself in these 
cases as a judge ; observing, that " a judge ought to 
take no money." He was an eloquent speaker, 
remarkable for the soundness of his law opinions, 



MEMOIR OF THE AUTHOR. \l. 

iiiaiiy of which are collected and recorded in a book 
by Chalmers, entitled, " Opinions of Eminent Law- 
yers." He was the intimate friend of Robertson the 
historian of America, and of many other literary 
characters of that day. 

He was appointed a member of his majesty's coun- 
cil as early as the year 1769, where his attendance 
was regular, his integrity unquestioned, and his loy- 
alty firm to his king ; and when the lowering clouds 
caused by the Stamp Act, began to spread over the 
continent, he saw the danger likely to result from 
the measure, and drew up a plan of union of all his 
majesty's colonies, which if it had been then adopted, 
might have prevented the civil war that ensued, 
and the dismemberment of the British empire in 
America. 

The direct tax that was devised by parliament in 
1764, was the origin of the controversy : both coun- 
tries resorted to the constitution for arguments in 
support of tenets diametrically opposite to each other: 
on the part of America there was a claim set up 
to all the rights of Englishmen ; and it was inferred 
that no tax could be laid upon them without the 
consent of their assemblies. Great Britain on the 
other hand attempted to justify her measures by ad- 
mitting the principle but denying the consequence ; 
she contending that America was virtually represent- 
ed by the commons of Great Britain. Mr. Smith 
proposed a plan of union of all the colonies friendly 
to the great whole, and linking them and Great 
Britain together by the most indissoluble ties : all 
requisitions for aid and supplies for general purposes, 
had been formerly addressed to the several provincial 



tSli. MEMOIR OF THE AUTHOS. 

assemblies ; it was now proposed this should be m-dde 
to the general government. It was not however in- 
tended to annihilate the assemblies, but that there 
should be a lord lieutenant as in Ireland, and a coun- 
cil of at least twenty four members, appointed by the 
crown or the house of commons, consisting of de- 
puties chosen by their respective assemblies, to meet 
at the central province of New-York, as the parlia- 
ment of North America. To this body it was pro- 
posed all the royal requisitions for aids were to be 
made, and they were to have authority to grant for 
all ; to settle the quotas for each, leaving the ways 
and means to their separate consideration, unless in 
cases of default. The members of the council were 
to depend upon the royal pleasure, but, to preserve 
independency, they were to be men of fortune, and 
hold their places for life, with some honorable distinc- 
tion to their families, as a lure to prevent the office 
falling into contempt. 

The number of deputies was to be proportioned 
to the comparative weight and abilities of the colo- 
nies they represented. The two Floridas, Rhode 
Island, Nova Scotia, and Georgia, to have five each ; 
New Hampshire, Maryland, North Carolina, and 
Quebec, each seven ; South Carolina and New Jer- 
.sey, each eleven ; New- York, Pennsylvania, and Con- 
necticut, each twelve ; and Massachusetts Bay and 
Virginia, each fifteen. The whole house would thus 
consist of one hundred and forty-one members, a 
small number when the importance of the trust was 
considered, but to be increased when the colonies 
became more populous and desired it. The crown to 
retain its ancient negative, and the British Parliament 



MEMOIR OB' THE AUTHOR, xiil 

its legislative supremacy in all cases relative to life^; 
liberty and property, except in the matter of taxations 
for general aids, or for the immediate support of the 
American government. A dignified government 
like this, it was supposed, would produce unspeak- 
able advantages by making the colonies better known, 
and that it would correct the many disorders that had 
crept into some of the colonial constitutions, dan- 
gerous in some instances to the colonists themselves 
and their British creditors, and derogative of the 
first rights, and many of the prerogatives of the 
crown most friendly to peace and good order. 

The minister, G. Grenville, approved of the plan^ 
but never brought it forward in parliament ; and thus 
things remained, until Great Britain, in 1775, de- 
termined to tax the colonies without their consent. 
Mr. Smith deeply deplored the contentions that after- 
wards took place, and long before the civil war broke 
out, exerted every means in his power to avert it. 

General Tryon, the governor of New- York, find- 
ing it no longer safe to remain in the city, embarked 
on board the Dutchess of Gordon, signifying to the I 
council that he would not meet them again in publicj 
business ; leaving each member at liberty to retire 
where he pleased. Mr. Smith then repaired to his 
country seat at Haverstraw, about forty miles from 
New-York. He was not long there before he was 
summoned, 3d June, 1777, to attend the council 
of safety at Kingston, and being introduced before 
them, he was asked whether he considered himself 
a subject of the Independent States of America ? 
to which he replied, that he did not conceive himself 
discharsfed from his oaths of fidelity to the crown 



Xiv. MEMOIR OF THE AUTHOR, 

of Great Britain ; upon which an order was imme- 
diately made by the board, of the 7th of June, 
ordering him to be confined, witliin the manor of 
Livingston, where he remained until he was sent into 
New- York, by a flag, under the superintendance of 
Colonel Burr, by order of General Washington. 

Mr. Smith remained at New-York till the evacua- 
tion of that city by the king's troops, and went to 
England with Sir Guy Carleton, the then com- 
mander-in-chief. He there remained until he was 
appointed Chief Justice of Canada, in 1786, and 
continued to hold that station until he died, on 3d 
December, 1793. He thus held his office as chief 
justice for seven years, managing the court and all 
proceedings in it, with singular justice. It was 
observed by the whole country, how much he raised 
its reputation ; and those who held places and offices 
in it, all declared, not only the impartiality of his 
justice, but his generosity, his vast diligence, and 
his great exactness in trials. It was customary 
before his time, that all prisoners should be brought 
into court, in the custody of a party of soldiers ; 
he disapproved of this, and established, for the first 
time, the appointment of constables, ordering them 
■o be provided with their batons of office, which 
has been continued ever since. He was taken with 
1 shivering fit in court, and it was succeeded by an 
ardent fever, which no medical skill could arrest 
or destroy. A day before his death, he desired one 
of his children to send round to the clergymen of 
each communion a declaration to be read in the 
several churches, of his firm belief in the Divinity 



MEMOIR OF THE AUTHOIl. 



of his Saviour. He was buried on the 4th Decem- 
ber, 1793, in tlie Episcopal church. 

As a christian, he was one of the greatest patterns 
of the time in which he lived; and, in his public 
employments, either when at the bar or on the bench, 
was equally distinguished as a model of christian 
perfection. 

Having thus given his history and character, it is 
necessary to give the relation of what was private 
and domestic. 

William Smith was married to Miss Janet Living- 
ston, daughter of James Livingston, esq of the city 
of New- York, merchant. This lady was distinguish- 
ed for her disposition, eminent piety, and excellence 
of character, She died on the anniversary of her 
birth-day, in the OHth year of her age. By her he had 
eleven children, several of whom died young ; his 
daughter Elizabeth, who had obtained the age of 
seventeen, died at Haverstraw, in 1776, in conse- 
quence of the deep interest she took in the public 
troubles, that then agitated the country. 

His eldest son, William, who is still alive, went to 
England from New- York, was educated at a gram- 
mar school, at Kensington, near London, and came 
to Canada with his father, in 1786. He was soon 
appointed clerk of the provincial parliament, subse- 
quently a master in chancery, and, in 1814, was 
appointed by the Earl Bathurst, then his majesty's 
secretary of state, a member of the executive coun- 
cil. He married Susan, daughter of Admiral Charles 
Webncr, of the county of Hampshire, in England, 
by whom he had five children. His eldest daughter, 
Janet, married John Plinderhath, of Glen, in the 



YVl. MEMOIR OF THE AUTHOR. 

county of Peebles, in Scotland, who dying, left her 
with six children, four sons and two daughters. 
Three of the sons entered into the army, and were 
distinguished for their conduct ; one at Maida,* and 
the others at Stoney Creek and Chrysler's farm, in 
Canada. 

Their son John, who was a physician, and served 
under the Duke of Wellington, in the peninsular 
war, lost his life in the discharge of his professional 
duties, was buried at Coimbra, and has a monument 
erected to his memory in Westminster Abbey. 

His second daughter, Mary, married Lieutenant 
General William Doyle, of Waterford, in Ireland, 
many years in the staff of that country as a general 
officer. Both are now dead. They have left two 
sons and one daughter, who are living. 

His third daughter, Harriet, married Jonathan 
Dewitt, Chief Justice of the province of Lower 
Canada, by whom she has eleven children, several 
of whom are honourably settled at Quebec. 

'*= The battle of Maida is one of the most brilliant achievements of the British 
arms. Sec Mr. Windham'!? speech in the House of Commons. Annual Regis* 
tei-. 180G. 



THE 



HISTORY OF NEW- YORK, 



PART 1. 

FROM THE DISCOVERY OF THE COLONY TO THE 
SURRENDER IN 1664. 

Christopher Columbus, a Genoese, employed by 
Ferdinand and Isabel, king and queen of Castile, 
was the first discoverer of America.* He sailed 
from St. Lucar in August, 1492, and made sight 
of one of the Bahama Islands, on the eleventh of 
October following. Newfoundland and the main 
continent were discovered five years after, by 
Sebastian Gabato, a Venetian, in the service of 
Henry VII. of England, from the thirty-eighth to 
the sixty-eighth degree of north latitude. 

On the 10th of April, 1606, King James I. for 
planting two colonies, passed the great north and 

* Some authors allege that Columbus first offered his services to fhe repub- 
lic of Genoa; then to John II. of Portugal, and afterwards to our King, Henry 
VII.; but this disagrees witli Lord Bacon's account, who informs us, that Chris- 
topher Columbus sailed before his brother Bartholomew had laid the project 
before the king, which was owing to his falling into the hands of pirates on his 
■way to England. 

VOL. I. — 1 



2 HISTORY OF NEVV-YOUK. 

south Virginia patent. To Sir Thomas Gates, and 
others, leave was given to begin a plantation, at 
any place on the continent they should think con- 
venient, between the thirty-fourth and forty-first 
degrees of latitude ; and all the hinds extending fifty 
miles, on each side, along the coast, one hundred 
miles into the country, and all the islands within 
one hundred miles opposite to their plantations, 
were granted in fee, to be called the First Colony. 
By the same patent, a like quantity was granted to 
Thomas lienham, Esquire, and others, for a plan- 
tation between thirty-eight and forty-five degrees 
of latitude, under the name of the Second Colony. 
The first began a setdement in the great bay 
(Chesapeak) in 1607. The latter was planted at 
Plymouth, in New-England, 1620. 

Henry Hudson, an Englishman, according to our 
authors, in the year 1608,* under a commission 
from the king his master, discovered Long-Island, 
New- York, and the river which still bears his name; 
and afterwards sold the country, or rather his right, 
to the Dutch. Their writers contend that Hudson 
was sent out by the East-India Company in 1609, 
to discover a north-west passage to China ; and 
that having first discovered Delaware bay, he came 
hither, and penetrated Hudson's river as far north 
as the latitude of forty-three degrees. It is said, 
however, that there was a sale, and that the English 
objected to it, though they for some time neglected 
to oppose the Dutch settlement of the country. 

In 1610, Hudson sailed again from Holland to 

•■ See Note A. 



HISTORY OF INEVV-YORK. 5 

this country, called by the Dutch New-Netherlands ; 
and four years after, the States General granted a 
patent to sundry merchants, for an exclusive trade 
on the North River, who, in 1614, built a fort on the 
west side, near Albany, which was first commanded 
by Henry Christiaens. Captain Argal was sent out 
by Sir Thomas Dale, governor of Virginia, in the 
same year, to dispossess the French of the two towns 
of Port-Royal and St. Croix, lying on each side of 
the Bay of Fundy, in Acadia, then claimed as part 
of Virginia.* In his return he visited the Dutch on 
Hudson's river, who, being unable to resist him, 
prudently submitted for the present to the king of 
England, and under him to the governor of Virginia. 
The very next year, they erected a fort on the 
south-west point of the island of Manhattans, and 
two others in 1623; one called Good-Hope, on Con- 
necticut river, and the other Nassau, on the east 
side of Delaware bay. The author of the account 
of New-Netherlandf asserts that the Dutch pur- 
chased the lands on both sides of that river, in 1632, 
before the English were settled in those parts ; and 
that they discovered a little fresh river, farther to 
the east, called Varsche Rimertie, to distinguish it 
from Connecticut river, known among them by the 
name of Varsche Rivier, which Vanderdonk also 
claims for the Dutch. 

Determined upon the settlement of a colony, the 
States General made a grant of the country, in 1621, 

* Cliarlcvoix places this transaction in 1613. Vol. 1. hist, of N. France in 
12mo. p. 210. But Stith, whom I follow, being a clergyman in Virginia, had 
greater advantages of knowing the truth thnn the French jepnit. 

T See note V>. 



4 HISTORY OF NEW-YORK. 

to the West-India Company. Wouter Van Twiller, 
arrived at fort Amsterdam, now New- York, and 
took upon himself the government, in June, 1629. 
His style, in the patents granted by him, was thus : 
" We, director and council, residing in New-Neth- 
erland, on the island Manhattans, under the govern- 
ment of their high niighiinesses, the Lords States 
General of the United Netherlands, and the privi- 
leged West-India Company." In this time the 
New-England planters extended their possession 
westward as far as Connecticut river. Jacob Van 
Curlet, the commissary there, protested against it, 
and, in the second year of the succeeding adminis- 
tration, under 

William Kieft,* who appears first in 1638, a pro- 
hibition was issued, forbidding the English trade at 
fort Good-Hope ; and shortly after, on complaint 
of the insolence of the English, an order of council 
was made for sending more forces there, to maintain 
the Dutch territories. Dr. Mather confesses, that 
the New-England men first formed their design of 
settling Connecticut river in 1635, before which 
time they esteemed that river at least one hundred 
miles from an English settlement ; and that they 
first seated themselves there in 1636, at Hartford, 
near fort Good-Hope, at Weathersficld, Windsor, 
and Springfield. Four years after, they seized the 
Dutch garrison, and drove them from the banks of 
the river, having first settled New-Haven in 1638, 
regardless of Keift's protest against it. 

* We have no books among our Dutch records remaining in the Secretary's 
ofRce, relating to state matters before Kieft's time, nor any enrolment of patents 
till a year after Van Twiller arrived here. Mr. Jacob Goelet supplied ns with 
several extracts from the Dutch rccorbF, 



HISTORY OF NEW-YORK. 5 

The extent of New-Netherland was to Delaware, 
then called South river, and beyond it; for I find, in 
the Dutch records, a copy of a letter from William 
Kieft, May 6, 1638, directed to Peter Minuit,* who 
seems, by the tenor of it, to be the Swedish gover- 
nor of JNew-Sweden, asserting, "that the whole south 
river of New-Netherlands had been in the Dutch 
possession many years, above and below, beset with 
forts, and sealed with their blood :" — Which, Kieft 
adds, has happened even during your administration 
** in New-Netherland, and so well known to you." 

The Dutch writers are not agreed in the extent of 
Nova Belgia or New-Netherland ; some describe it 
to be from Virginia to Canada, and others inform 
us that the arms of the States General were erected 
at Cape Cod, Connecticut, and Hudson's river, and 
on the west side of the entrance into Delaware bay. 
The author of the pamphlet mentioned m the notes 
gives Canada river for a boundary on the north, and 
calls the country, northwest from Albany, Terra 
Incognita. 

In 1640, the English, who had overspread the 
eastern part of Long-Island, advanced to Oysterbay. 
Kieft broke up their settlement in 1642, and fitted 
out two sloops to drive the English out of Schuylkill, 
of which the Marylanders had lately possessed them- 
selves. The instructions, dated May 22, to Jan Jan- 
sen Alpendam, who commnnded in that enterprise, 
are upon record, and strongly assert the right of the 
Dutch both to the soil and trade there. The English 
from the eastward shortly after sent deputies to 
New-Amsterdam, for the accommodation of their 

See JVotc C. 



() iiisTouv OF m:vv-york. 

disputes about limits, to whom the Dutch offered the 
following conditions, entered in their books exactly 
in these words : 

"Conditiones a D. Directore Gen. senatuys Novi 

Belgii, Dominis o Wytingh atque Hill, Delegatis 

a nobili Senatu Hartfordieiisi, oblata? : 

" Pro agro nostro Ilartfordiensi, annuo persolvent 

Prsepotentiff. D. D. Ordinibus Feed. Provinciarum 

Belgicarum aut eorum vicariis, decimam partem re- 

ventlis agrorum, turn aratro tum ligone, aliuve cul- 

torurn medio ; pomariis, hortisq : oleribus dicatis, 

jugerum Hollandium non excedentibus exceptis ; 

aut docimarum loco, pretium nobile postea constitu- 

endum, tarn diu quam diu possessores ejusdum agri 

futuri erunt. Actum in arce Amstelodamensi in novo 

Belgio, Die Julii 9, Anno Christi 1642." 

We have no account that the English acceded to 
these proposals, nor is it probable, considering their 
superior strength, that they ever did: on the contrary 
they daily extended their possessions, and, in 1643, 
the colonies of the Massachusetts Bay, Plymouth, 
Connecticut and New-Haven entered into a leajjue 
both against the Dutch and Indians, and grew so 
powerful as to meet shortly after, upon a design of 
extirpating the former. The IVLissachusetts Bay 
declined this enterprise, which occasioned a letter 
to Oliver Cromwell from William llooke, dated at 
New Haven, November 3, 1653, in which he com- 
plains of the Dutch, for supplying the natives with 
arms and ammunition, begs his assistance with two 
or three frigates, and that letters might be sent to the 
eastern colonies, commanding them to join in an 
expedition aijainst the Dutch colony, Oliver's affairs 



HISTORY OF NEW-VOUK. / 

would not admit of so distant an attempt ;* — but 
Richard Cromwell afterwards drew up instructions 
to his commanders for subduing the Dutch here, 
and wrote letters to the English American govern- 
ments for their aid — copies of which are preserved 
in Thurloe's Collection, vol. I. p. 721, &c. 

Peter Stuyvesant was the last Dutch governor ; 
and though he had a commission in 1646, he did 
not begin his administration till May 27, 1647. — 
The inroads and claims upon his government kept 
him constantly employed. New-England on the 
east, and Maryland on the west, alarmed his fears 
by their daily increase ; and about the same time 
captain Forrester, a Scotchman, claimed Long- 
Island for the dowager of Stirling. The Swedes 
too were encroaching upon Delaware : through the 
unskilfulness of the mate, one Deswyck, a Swedish 
captain and supercargo, arrived in Raritan river ; 
the ship was seized, and himself made a prisoner 
at New-Amsterdam. Stuyvesant's reasons were 
these: — In 1651, the Dutch built fort Casimir, now 
called Newcastle, on Delaware. The Swedes, in- 
deed, claimed the country, and Printz their governor 
formally protested against the works. Risingh, his 
successor, under the disguise of friendship, came be- 
fore the fortress, fired two salutes, and landed thirty 
men, who were entertained by the commandant as 
friends; but he had no sooner discovered ihe weak- 
ness of the garrison, than he made himself master of 
it, seizing also upon all the ammunition, houses, and 
other effects of the West-India Company, and com- 

S'ee noie D, 



8 HISTORY OF i\EW-YORK. 

pelling several of the people to swear allegiance to 
Christina, queen of Sweden. The Dutch, in 1655, 
prepared to retake fort Casimir. Stuyvesant com- 
manded the forces in person, and arrived with them 
in Delaware the 9th of September. A few days 
after, he anchored before the garrison, and landed 
his troops. The fortress was immediately demanded 
as Dutch property : Suen Scutz, the commandant, 
desired leave to consult Risingh, which being 
refused, he surrendered the 16th of September, on 
articles of capitulation. The whole strength of the 
place consisted of four cannon, fourteen pounders, 
five swivels, and a parcel of small arms, which were 
all delivered to the conquered. Fort Christini was 
commanded by Risingh. Stuyvesant came before it, 
and Risingh surrendered it upon terms the twenty- 
fifth of September, The country being thus sub- 
dued, the Dutch governor issued a proclamation in 
favour of such of the inhabitants as would submit to 
the new government, and about thirty Swedes swore 
" fidelity and obedience to the States General, the 
lords directors of the West-India Company, their 
subalterns of the province of New-Netherlands, and 
the director general then, or thereafter, to be estab- 
lished." Risingh and one Elswych, a trader of note, 
were ordered to France or England, and the rest of 
the Swedish inhabitants to Holland, and from thence 
to Gottenberg. The Swedes being thus extirpated, 
the Dutch became possessed of the west side of 
Delaware bay, now called the three lower counties. 
This country was afterwards under the command 
of lieutenant governors, subject to the control of, 
and commissioned bv, the director seneral at New - 



HISTORY OF NEW-YORli. 9 

Amsterdam. Johan Paul .Taquet was the first vice- 
director, or lieutenant governor, of South River. — 
His successors were Alricks Hinojossa, and Wil- 
liam Beekman. The posterity of the last remains 
amongst us to this day. These lieutenants had 
power to grant lands, and their patents make a 
part of the ancient titles of the present possessors. 
Alrick's commission, of the twelfth of April 1657, 
shows the extent of the Dutch claim on the west 
side of Delaware at that time. He was appointed 
" director-general of the colony of the South River of 
New-Netherlands, and the fortress of Casimir, now 
called Niewer Amstel, with all the lands depending 
thereon, according to the first purchase and deed of 
release of the natives, dated July 19, 1651, begin- 
ning at the west side of the Minquaa, or Christina 
Kill, in the Indian language named Suspecough, to 
the mouth of the bay or river called Bompt-hook, in 
the Indian language Cannaresse ; and so far inland 
as the bounds and limits of the Minquaas' land, 
with all the streams, &c. appurtenances, and de- 
pendencies." Of the country northward of the Kill, 
no mention is made. Orders, in 1658, were given 
to William Beekman to purchase cape Hinlopen 
from the natives, and to settle and fortify it, which, 
for want of goods, was not done till the succeeding 
year. 

In the year 1659, fresh troubles arose from the 
Maryland claim to the lands on South river; and in 
September colonel Nathaniel Utie, as commissioner 
from Fendal, lord Baltimore's governor, arrived at 
Niewer Amstel, from Maryland. The country wa^ 
ordered to be evacuated, lord Baltimore claiming all 

VOL 1—2 



10 msToiiy OF new-yuuk. 

the land between thirty-eight and forty degrees of 
latitude, from sea to sea. Bcekman and his coun- 
cil demanded evidence of his lordship's right, and 
offered to prove the States General's grant to the 
West-India Company, theirs to them, payment for 
the land, and possession ; and upon the whole, pro- 
posed to refer the controversy to the republics of 
England and Holland, praying at the same time, 
three weeks to consult Stuyvesant, the general. 
The commissioner, notwithstanding, a few days 
after, warned him to draw off beyond the latitude of 
forty degrees ; but Beekman disregarded the threat. 
Colonel Utie thereupon returned to Maryland, and 
an immediate invasion was expected. 

Early in the spring of the year 1660, Nicholas 
Varleth, and Brian Newton, were despatched from 
fort Amsterdam to Virginia, in quality of ambassa- 
dors, with full power to open a trade, and conclude 
a league offensive and defensive against the barba- 
rians. William Berckly, the governor, gave them a 
kind reception, and approved their proposal of peace 
and commerce, which Sir Henry Moody was sent 
here to agree upon and perfect. Four articles to that 
purpose were drawn up and sent to the governor for 
confirmation. Stuyvesant artfully endeavoured, at 
this treaty, to procure an acknowledgment of the 
Dutch title to the country, which Berckly as carefully 
avoided. This was his answer : 

"Sir : I have received the letter you were pleased 
to send me, by Mr. Mills, his vessel, and shall be 
ever ready to comply with you in all acts of neigh- 
bourly friendship and amity. But truly sir you 



HISTORY OV NEW-YORK. 11 

desire me to do that, concerning' your titles and 
claims to land in this northern part of America, 
which I am in no capacity to do ; for I am but a 
servant of the Assembly : neither do they arrogate 
any power to themselves, farther than the miserable 
distractions of England force them to. For when 
God shall be pleased in his mercy to take away and 
dissipate the unnatural divisions of their native 
country, they will immediately return to their own 
professed obedience. What then they should do 
in matters of contract, donation, or confession of 
right, would have little strength or signification ; 
much more presumptive and impertinent would it 
be in me to do it without their knowledge or assent. 
We shall very shortly meet again, and then, if to 
them you signify your desires, I shall labour all I 
can to get you a satisfactory answer. 
"I am, sir, 

"Your humble servant, 

*' William Berckly. 

" Virginia^ August 20, 1660." 

Governor Stuyvesant was a faithful servant of the 
West-India Company : this is abundantly proved by 
his letters to them, exciting their care of the colony. 
In one, dated April 20, 1660, which is very long and 
pathetic, representing the desperate situation of 
affairs on both sides of New-Netherland, he writes, 
" Your honors imagine that the troubles in England 
will prevent any attempt on these parts ; alas ! they 
are ten to one in number to us, and are able with- 
out any assistance, to deprive us of the country when 
they please," On the twenty-fifth of June, the same 



12 HISTORY or NEW-YORK. 

year, he informs them, '* that the demands, encroach- 
raents, and usurpations of the English, gave the 
people here great concern. The right to both 
rivers, says he, by purchase and possession, is our 
own, without dispute. We apprehend that they, our 
more powerful neighbours, lay their claims under a 
royal patent, which we are unable hitherto to do in 
your name."* Colonel Utie being unsuccessful the 
last year in his embassy for the evacuation of the 
Dutch possessions on Delaware, lord Baltimore, in 
the autumn of 1660, applied by captain Neal, his 
agent, to the West-India Company, in Holland, for 
an order on the inhabitants of South river to sub- 
mit to his authority, which they absolutely refused, 
asserting their right to that part of their colony. 

The English, from New-England, were every day 
encroaching upon the Dutch. The following letter, 
from Stuyvesant to the West-India Company, dated 
.July 21, 1661, shows the state of the colony at 
that time, on both sides : " We have not yet begun 
the fort on Long-Island, near Oysterbay, because 
our neighbours lay the boundaries a mile and a half 
more westerly than we do, and the more as your 
honors, by your advice of December 24th, are 
not inclined to stand by the treaty of Hartford, and 
propose to sue for redress on Long Island and the 
Fresh Water river, by means of the States' ambas- 



* If we should argue from tliis letter, that the West-India Company had no 
grants of the Ne\v-Netl)crlands from tlic States General, as some suppose, we 
discredit De Laefs history, dedicated to the States in 1624, as well as all the 
Dutch writers, and even Stuy vesant himself, who, in his letter to Pilchard Nicolls, 
at the surrender, asserts, that they had a grant, and showed it under seal to 
the Enghsli deputies. But the genuine construction of the Dutch governor's 
letter, is this, that in 1660, he had not the patent to the West-India Company, to 
lay before the Ensrlish in America, who disputed the Dutch riaht to this country. 



JHSTOIIY OF NKW-YOUIv. 13 

sador. Lord Sterling is said to solicit a confirma- 
tion of his right to all Long-Island, and importunes 
the present king to confirm the grant made by his 
royal father, which is afl^irmed to be already obtain- 
ed. But more probable, and material, is the advice 
from Maryland, that lord Baltimore's patent, which 
contains the south part of South River, is confirmed 
by the king, and published in print ; that lord Balti- 
more's natural brother, who is a rigid papist, being 
made governor there, has received lord Baltimore's 
claim and protest to your honors in council, (where- 
with he seems but little satisfied,) and has now more 
hopes of success. We have advice from England, 
that there is an invasion intended against these parts, 
and the country solicited of the king, the duke and 
the parliament, is to be annexed to their dominions; 
and, for that purpose, they desire three or four 
frigates, persuading the king that the company 
possessed and held this country under an unlawful 
title, having only obtained of king James leave 
for a watering place on Staten-lsland, in 1623." 

In August, 1663, a ship arrived from Holland at 
South river, with new planters, ammunition, and 
implements of husbandry. Lord Baltimore's son 
landed a little after, and was entertained by Beek- 
man at Niewer Amstel. This was Charles, the son 
of Cecilius, who, in 1661, had procured a grant and 
confirmation of the patent passed in favour of his 
father in 1632. The papistical principles of the 
Baltimore family, the charge of colonizing, the par- 
liamentary war with Charles I. and Oliver's usurpa- 
tion, all conspired to impede the settlement of Ma- 
ryland, till the year 1661; and these considerations 



14 J HISTORY OF NEW-YORK. 

account for the extension of the Dutch limits on 
the west side of Delaware bay. 

While the Dutch were contending with their Eu- 
ropean neighbours, they had the art always to main- 
lain a friendship with the natives, until the war 
which broke out this year with the Indians at Esopus, 
now Ulster county. It continued, however, but a 
short season. The Five Nations never gave them 
any disturbance, which was owing to their continual 
wars with the French, who settled at Canada in 
1603. I have before observed, that Oliver Crom- 
well was applied to for his aid in the reduction of 
this country, and that his son Richard took some 
steps towards accomplishing the scheme; the work 
was however reserved for the reign of Charles II. 
an indolent prince, and entirely given up to pleasure, 
who was driven to it, more perhaps by the differen- 
ces then subsisting between England and Holland, 
than by any motive that might reflect honor upon his 
prudence, activity, and public spirit. Before this 
expedition, the king granted a patent on the twelfth 
of March, 1664, to his brother the duke of York and 
Albany, for sundry tracts of land in America, the 
boundaries of which, because they have given rise 
to important and animated debates, it may not be 
improper to transcribe : 

"All that part of the main land of New-England, 
beginning at a certain place, called or known by the 
name of St. Croix, next adjoining to New Scotland, 
in America, and from thence extending along the 
sea-coast, unto a certain place called Pemaquie, or 
Pemequid, and so up the river thereof, to the fur- 
thest head of the same, as it tendeth northward ; 



HISTURV OF JNEW-YOHK. 15 

extending from thence to the river of Kimbequin, 
and so upwards, by the shortest course, to the river 
Canada, northward ; and also all that island, or 
islands, commonly called by the several name or 
names of Meitewacks, or Long-Island, situate and 
being towards the west of Cape Cod and the narrow 
Higansetts, abutting upon tlie main land between 
the two rivers there called or known by the several 
names of Connecticut and Hudson's river, together 
also with the said river called Hudson's river, and all 
the land from the west side of Connecticut river to 
the east side of Delaware bay, and also all those 
several islands, called or known by the names of 
Martin's vineyard, or Nantuck's, or otherwise Nan- 
tucket : together, «fcc." 

Part of this tract was conveyed by the duke to 
John lord Berkley, baron of Stratton, and Sir George 
Carteret, of Saltrum in Devon, who were then mem- 
bers of the king's council. The lease was for the 
consideration of ten shillings, and dated the twenty- 
third of June, 1664. The re-lease, dated the next 
day, mentions no particular sum of money, as a 
consideration for the grant of the lands, which have 
the following description : 

" All that tract of land, adjacent to New-England, 
and lying and being to the w^estward of Long-Island, 
and bounded on the east part by the main sea and 
partly by Hudson's river ; and hath upon the west 
Delaware bay or river, and extendeth southward 
to the main as far as Cape May, at the mouth 
of Delaware bay: and to the northward, as far 
as the northernmost branch of the said bay or 
river of Delaware, which is forty-one degrees and 



16 HISTORY OF NEW-YORK. 

forty minutes of latitude : which said tract of land 
is hereafter to be called by the name or names of 
Nova Caesarea, or New-Jersey." 

The New-Netherlands became divided into New- 
Jersey, so called after the isle of Jersey, in compli- 
ment to Sir George Carteret, whose family came 
from thence ; and New-York, which took its name 
in honour of the duke of York. 

The Dutch inhabitants, by the vigilance of their 
governor, were not unapprised of the designs of the 
English court against them, for their records testify 
that on the eighth of July, *' the general received 
intelligence from one Thomas Willet, an English- 
man, that an expedition was preparing in England 
against this place, consisting of two frigates of forty 
and fifty guns, and a fly boat of forty guns, having 
on board three hundred soldiers, and each frigate 
one hundred and fifty men, and that they then lay 
at Portsmouth waiting for a wind." News arrived 
also from Boston, that they had already set sail. — 
The burgomasters were thereupon called into coun- 
cil; the fortress ordered to be put into a posture 
of defence ; and spies sent to Milford and West- 
chester for intelligence. Boston was in the secret 
of the expedition, for the general court had, in May 
preceding, passed a vote for a supply of provisions, 
towards refreshing the ships on their arrival. They 
w^ere four in number, and resolved to rendezvous at 
Gardener's Island in the sound, but parted in a fog 
about the twentieth of July. Richard Nicolls and 
Sir George Carteret, two of the commissioners, were 
on board the Guyny, and fell in first with Cape Cod. 
The winds having blown from the south-west, the 



HISTORY OF NEW- YORK. 17 

other ships, with sir Robert Carr and Mr. Maverick, 
the remaining commissioners, were rightly conclud- 
ed to be driven to the eastward. After despatching 
a letter to Mr. Winthrop, the governor of Connecti- 
cut, requesting his assistance, colonel Nicolls pro-^ 
ceeded to Nantasket, and thence to Boston. The 
other ships got into Piscataway. John Endicot, a 
very old man, was then governor of Boston, and in- 
capable of business. The commissioners, therefore, 
had a conference with the council, and earnestly im- 
plored the assistance of that colony. Colonel Nicolls 
and Sir George Carteret, in their letter from Boston, 
to Sir H. Bennet, secretary of state, complain much 
of the backwardness of that province. The reasons 
urged in their excuse, were poverty and the season, 
it being the time of harvest ; but perhaps disaffec- 
tion to the Stuart family, whose persecuting fury had 
driven them from their native country, was the true 
spring of their conduct. The king's success in the 
reduction of the Dutch, evidently opened him a door, 
to come at his enemies in New-England, who were 
far from being few;* and whether this considera- 
tion might not have given rise to the project itself, I 
leave to the conjectures of others. 

On the 27th of July, Nicolls and Carteret made a 
formal request in writing. " That the government 
of Boston would pass an Act to furnish them with 

* T. Dixwel, Esq. one of Charles I.'s judges, and excepted out of the general 
pardon, lived many years at New-IIaven, (incog.) in quality of a country mer- 
chant : Sir Edmond Andross, in one of his tours through the colony of Con- 
necticut, saw him there at church, and strongly suspected him to be one of the 
regicides. In his last illness, he revealed himself to the minister of the town, 
and ordered a sraaU stone to be set at the head of his grave, which I iiave often 
seen there, inscribed, T. D. Esq. While at New-Haven, he went under tlie 
name of John Davis. 

VOL. I. — 3 



18 HISTORY OF NEW- YORK. 

armed men, who should begin their march to the 
Manhattans, on the twentieth of August ensuing, and 
promised, that if they could get other assistance, 
they would give them an account of it." The gover- 
nor and council answered, that they would assem- 
ble the general court, and communicate the proposal 
to them. 

From Boston, a second letter was written to gov- 
ernor Winthrop, in Connecticut, dated the twenty- 
ninth of July, in which he was informed, that the 
other ships were then arrived, and would sail with 
the first fair wind, and he was desired to meet them 
at the west end of Long-Island. 

One of the ships entered the bay of the North River 
several days before the rest ; and as soon as they 
were all come up, Stuyvesant sent a letter dated 
the 19th-30th of August, at fort Anill, directed to 
the commanders of the English frigates, by John 
Declyer, one of the chief council ; the Rev. John Me- 
gapolensis, minister ; Paul Lunder Vander Grilft, 
Major ; and Mr. Samuel Mcgapolensis, doctor in phy- 
sic, with the utmost civility, to desire the reason of 
their approach, and continuing in the harbor of the 
Naijarlij, without giving notice to the Dutch, which 
(he writes) they ought to have done. Colonel Nicolls 
answered the next day with a summons : 
*' To the honourable the Governors and Chief Council 
at the Manhattans. 

" Right icorthy Sirs : I received a letter by some 
worthy persons intrusted by you, bearing date the 
19th-30th of August, desiring to know the intent of 
the approach of the English frigates; in return of 
which, I think it fit to let you know, that his majesty 



HISTORY OF NEW- YORK. 19 

of Great Britain, whoso right and title to these parts 
of America is unquestionable, well knowing how 
much it derogates from his crown and dignity, to suf- 
fer any foreigners, how nearsoever they be allied, to 
usurp a dominion, and, without his majesty's royal 
consent, to inhabit in these or any other of his majes- 
ty's territories, hath commanded me, in his name, to 
require a surrender of all such forts, towns, or places 
of strength, which are now possessed by the Dutch, 
under your commands ; and in his majesty's name, I 
do demand the town, situate on the island, common- 
ly known by the name of Manhatoes, with all the 
forts thereunto belonging, to be rendered unto his 
majesty's obedience and protection, into my hands. 
I am further commanded to assure you, and every 
respective inhabitant of the Dutch nation, that his 
majesty being tender of the effusion of christian blood, 
doth by these presents, confirm and secure to every 
man his estate, life and liberty, who shall readily 
submit to his {government. And all those who shall 
oppose his majesty's gracious intention, must expect 
all the miseries of a war, which they bring upon 
themselves. I shall expect your answer by these 
gentlemen, colonel George Carteret, one of his ma- 
jesty's commissioners in America ; captain Robert 
Needham, captain Edward Groves, and Mr. Thomas 
Delavall, whom you will entertain with such civility 
as is due to them, and yourselves, and yours shall 
receive the same, from, worthy sirs, 

Your very humble servant, 

RICHARD NICOLLS. 

Dated on board his majesty's ship^ the Guyny^ 
riding before Nayeh, AvguH 20-31 , 1664." 



20 HISTORY OF NEW-YORK. 

Mr. Stuyvesant promised an answer to the sum- 
mons the next morning, and in the mean time con- 
vened the council and burgomasters. The Dutch 
governor was a good soldier, and had lost a leg in 
the service of the States. He would willingly have 
made a defence ; and refused a sight of the sum- 
mons, both to the inhabitants and burgomasters, lest 
the easy terms offered, might induce them to capitu- 
late. The latter, however, insisted upon a copy, 
that they might communicate it to the late magistrates 
and principal burghers. They called together the 
inhabitants at the Stadt-House, and acquainted them 
with the governor's refusal. Governor Winthrop at 
the same time wrote to the director and his coun- 
cil, strongly recommending a surrender. On the 
twenty-second of August, the burgomasters came 
again into council, and desired to know the contents 
of the English message from governor Winthrop, 
which Stuyvesant still refused. They continued 
their importunity ; and he, in a fit of anger, tore it to 
pieces : upon which, they protested against the act, 
and all its consequences. Determined upon a de- 
fence of the country, Stuyvesant wrote a letter in 
answer to the summons, which, as it is historical of 
the Dutch claim, will doubtless be acceptable to the 
reader. The following is an exact transcript of the 
record ; 

" My lords : Your first letter, unsigned, of the 
20-31st of August, together with that of this day, 
signed according to form, being the first of Septem- 
ber, have been safely delivered into our hands by 
your deputies, unto which we shall say, that the rights 
of his majestic of England, unto any part of America 



HISTORY OF NEW-YORK. 21 

here about, amongst the rest, unto the colonies 
of Virginia, Maryland, or others in New-England, 
whether disputable or not, is that which, for the pre- 
sent, We have no design to debate upon. But that 
his majestic hath an indisputable right to all the 
lands in the north parts of America, is that which the 
kings of France and Spain will disallow, as we abso- 
lutely do, by virtue of a commission given to me, by 
my lords, the high and mighty States General, to be 
governor-general, over New-Holland, the isles of 
Curacoa, Bonaire, Aruba, with their appurtenances 
and dependancies, bearing date the twenty-sixth of 
July, 1646. As also by virtue of a grant and com- 
mission, given by my said lords, the high and mighty 
States General, to the West-India Company, in the 
year 1621, with as much power and as authentic, as 
his said majestic of England hath given, or can give, 
to any colony in America, as more fully appears by 
the patent and commission of the said lords the States 
General, by them signed, registered, and sealed with 
their great seal, which were showed to your deputyes, 
colonel George Carteret, captain Robert Needham, 
captain Edward Groves, and Mr. Thomas Delavall ; 
by which commission and patent together, (to deal 
frankly with you,) and by divers letters, signed and 
sealed by our said lords, the States General, directed 
to several persons^ both English and Dutch, inhab- 
iting the towns and villages on Long-Island, (which, 
without doubt, have been produced before you, by 
those inhabitants,) by which they are declared and 
acknowledged to be their subjects, with express com- 
mand, that they continue faithful unto them, under 
penalty of incurring their utmost displeasure, which 



22 HISTORY OF NEW-YORK. 

makes it appear more clear than the sun at noon- 
day, that your first foundation, (viz. that the right and 
title of his raajestie of Great Britain, to these parts of 
America is unquestionable,) is absolutely to be de- 
nied. Moreover, it is without dispute, and acknow- 
ledged by the world, that our predecessors, by virtue 
of the commission and patent of the said lords, the 
States General, have without control, and peaceably 
(the contrary never coming to our knowledge) enjoy- 
ed Fort Orange about forty-eight or fifty years, the 
Manhattans about forty-one or forty-two years, the 
South River forty years, and the Fresh Water River 
about thirty-six years. Touching the second subject 
of your letter, (viz. his majestic hath commanded 
me, in his name, to require a surrender of all such 
forts, towns, or places of strength, which now are 
possessed by the Dutch under your command). We 
shall answer, that we are so confident of the discre- 
tion and equity of his majestic of Great Britain, that 
in case his majestic were informed of the truth, which 
is, that the Dutch came not into these provinces, by 
any violence, but by virtue of commissions from my 
lords, the States General, first of all in the years 
1614, 1615, and 1616, up the North River, near 
Fort Orange, where, to hinder the invasions and 
massacres, commonly committed by the savages, 
they built a little fort ; and after, in the year 1622, 
and even to this present time, by virtue of com- 
mission and grant, to the governors of the West- 
India Company ; and moreover, in the year 1656, 
a grant to the honourable the burgomasters of 
Amsterdam, of the South River ; insomuch, that by 
virtue of the above said commissions from the high 



HISTORY OF NEW-YORK. 23 

and mighty States General, given to the persons 
interested as aforesaid, and others, these provinces 
have been governed, and consequently enjoyed, as 
also in regard of their first discovery, uninterrupted 
possessions, and purchase of the lands of the princes, 
natives of the country, and other private persons 
(though Gentiles), we make no doubt that if his said 
majestic of Great Britain were well informed of these 
passages, he would be too judicious to grant such 
an order, principally in a time when there is so 
straight a friendship and confederacy, between our 
said lords and superiors, to trouble us in the 
demanding and summons of the places and for- 
tresses, which were put into our hands, with order 
to maintain them, in the name of the said lords, the 
States General, as was made appear to your depu- 
tyes, under the names and seal of the said high and 
mighty States General, dated July 28, 1646. Besides 
what had been mentioned, there is little probability 
that his said majestic of England (in regard the arti- 
cles of peace are printed, and were recommended to 
us to observe seriously and exactly, by a letter writ- 
ten to us by our said lords, the States General, and 
to cause them to be observed religiously in this coun- 
try) would give order touching so dangerous a design, 
being also so apparent, that none other than my 
said lords, the States General, have any right to 
these provinces, and consequently, ought to com- 
mand and maintain their subjects ; and in their ab- 
sence, we, the governor-general, are obliged to main- 
tain their rights, and to repel and take revenge of 
all threatenings, unjust attempts, or any force what- 
soever, that shall be committed against their faithful 



24 HISTORY OF NEW-YORK. 

subjects and inhabitants, it being a veiy considera- 
ble thing, to affront so mighty a state, although it 
were not against an ally and confederate. Conse- 
quently, if his said majestic (as it is fit) were well 
informed of all that could be spoken upon this sub- 
ject, he would not approve of what expressions were 
mentioned in your letter ; which are, that you are 
commanded by his majestie, to demand in his name, 
such places and fortresses as are in the possession 
of the Dutch under my government ; which, as it 
appears by my commission before mentioned, was 
given me by my lords, the high and mighty States 
General. And there is less ground in the express 
demand of my government, since all the world 
knows, that about three years agone, some Eng- 
lish frigotts being on the coast of Africa, upon a 
pretended commission, they did demand certain 
places under the government of our said lords, the 
States General, as Cape Vert, river of Gambo, and 
all other places in Guyny, to them belonging. Upon 
which, our said lords, the States General, by virtue 
of the articles of peace, having made appear the said 
attempt to his majestie of England, they received a 
favourable answer, his said majestie disallowing all 
such acts of hostility as might have been done, and 
besides, gave order that restitution should be made 
to the East-India Company, of whatsoever had been 
pillaged in the said river of Gambo ; and likewise 
restored them to their trade, which makes us think 
it necessary that a more express order should appear 
unto us, as a sufficient warrant for us, towards my 
lords, the high and mighty States General, since by 
virtue of our said commission, we do in these pro- 



HISTORY OF NEW-YORK. 25 

vinces, represent them, as belonging to them, and 
not to the king of Great Britain, except his said 
majestie, upon better grounds, make it appear to 
our said lords, the States General, against which 
they may defend themselves as they shall think fit. 
To conclude : we cannot but declare unto you, 
though the governors and commissioners of his 
majestie have divers times quarrelled with us about 
the bounds of the jurisdiction of the high and 
mighty the States General, in these parts, yet they 
never questioned their jurisdiction itself; on the con- 
trary, in the year 1650, at Hartford, and the last year 
at Boston, they treated with us upon this subject, 
which is a sufficient proof that his majestie hath 
never been well informed of the equity of our cause, 
insomuch as we cannot imagine, in regard of the 
articles of peace between the crown of England and 
the States General, (under whom there are so many, 
subjects in America as well as Europe,) that his 
said majestie of Great Britain would give a commis- 
sion to molest and endamage the subjects of my 
said lords, the States General, especially such, as 
ever since fifty, forty, and the latest thirty-six years, 
have quietly enjoyed their lands, countries, forts, 
and inheritances ; and less, that his subjects would 
attempt any acts of hostility or violence against 
them : and in case that you will act by force of arms, 
we protest and declare, in the name of our said 
lords, the States General, before God and men, that 
you will act an unjust violence, and a breach of the 
articles of peace, so solemnly sworn, agreed upon, 
and ratified by his majestie of England, and my 

VOL. I. — 4 



26 HISTORY OF NEW- YORK. 

lords, the States General, and the rather, for that 
to prevent the shedding of blood, in the month of 
February last, we treated with Captain John Scott, 
(who reported he had a commission from his said 
majestic,) touching the limits of Long-Island, and 
concluded for the space of a year ; that in the mean 
time, the business might be treated on between the 
king of Great Britain and my lords, the high and 
mighty States General : and again, at present, for 
the hindrance and prevention of all differences, and 
the spilling of innocent blood, not only in these 
parts, but also in Europe, we offer unto you, a treaty 
by our deputyes, Mr. Cornelius Van Ruyven, secre- 
tary and receiver of New-Holland, Cornelius Steen- 
wick, burgomaster, Mr. Samuel Megapolensis, doc- 
tor of physic, and Mr. James Cousseau, heretofore 
sheriff. As touching the threats in your conclusion, 
we have nothing to answer, only that we fear nothing 
but what God (who is as just as merciful,) shall lay 
upon us ; all things being in his gracious disposall, 
and we may as well be preserved by him with small 
forces as by a great army, which makes us to wish 
you all happiness and prosperity, and recommend 
you to his protection. My lords, your thrice humble 
and affectionate servant and friend, signed P. Stuy- 
vesant. — At the fort at Amsterdam, the second of 
September, new stile, 1664." 

While the Dutch governor and council were con- 
tending with the burgomasters and people in the 
city, the English commissioners published a procla- 
mation* in the country, encouraging the inhabitants 

* Sec Note E. 



HISTORY OF NEW-YORK. 27 

to submit, and promising them the king's protection, 
and all the privileges of subjects ; and as soon as 
they discovered by Stuyvesant's letter, that he was 
averse to the surrender, officers were sent to beat up 
for volunteers in Middleborough, Ulisson, Jamaica, 
and Hempstead. A warrant was also issued to Hugh 
Hide, who commanded the squadron, to prosecute 
the reduction of the fort; and an English ship then 
trading here was pressed into the service. These 
preparations induced Stuyvesant to write another 
letter, on the 25th of August, old style, wherein, 
though he declares that he would stand the storm, 
yet to prevent the spilling of blood, he had sent John 
De Decker, counsellor ofstate, Cornelius Van Riven, 
secretary and receiver, Cornelius Steenwyck, major, 
and James Cousseau, sheriff, to consult, if possible, 
an accommodation. Nicolls, who knew the dis- 
position of the people, answered immediately from 
Gravesend, that he would treat about nothing but a 
surrender. The Dutch governor, the next day, 
agreed to a treaty and surrender, on condition the 
English and Dutch limits in America, were settled 
by the crown and the States General. The English 
deputies were Sir Robert Carr, George Carteret, 
John Winthrop, governor of Connecticut, Samuel 
Willys, one of the assistants or council of that 
colony, and Thomas Clarke and John Pynchon, 
commissioners from the general court of the Mas- 
sachuset's Bay, who, but a little before, brought an 
aid from that province. What these persons agreed 
upon, Nicolls promised to ratify. At eight o'clock 
in the morning of the 27th of August, 1664, the 
commissioners, on both sides, met at the Governor's 



28 HISTORY OF NEW-YORK. 

Farm, and there signed the following articles of 
capitulation ; 

" These articles following were consented to by 
the persons here-under subscribed, at the 
Governor's Bowery, August the 27th, old style, 
1664. 

"I. We consent, that the States General, or 
the West-India Company, shall freely injoy all 
farms and houses (except such as are in the forts) 
and that within six months, they shall have free 
liberty to transpoi't all such arms and ammunition, 
as now does belong to them, or else they shall be 
paid for them. 

" II. All publique-houses shall continue for the 
uses which they are for. 

" III. All people shall still continue free denizens, 
and shall injoy their lands, houses, goods, where- 
soever they are within this country, and dispose of 
them as they please. 

"IV. If any inhabitant have a mind to remove 
himself, he shall have a year and six weeks from 
this day, to remove himself, wife, children, servants, 
goods, and to dispose of his lands here. 

" V. If any officer of state, or publique minister of 
state, have a mind to go for England, they shall be 
transported fraught free, in his Majesty's frigotts, 
when these frigotts shall return thither. 

"VI. It is consented to, that any people may 
freely come from the Netherlands, and plant in this 
colony, and that Dutch vessels may freely come 
hither, and any of the Dutch may freely return 



HISTORY OF NEW-YORK. 29 

home, or send any sort of merchandise home, in 
vessels of their own country. 

" VII. All ships from the Netherlands, or any 
other place, and goods therein, shall be received 
here, and sent hence, after the manner which 
formerly they were before our coming hither, for 
six months next ensuing. 

^'VIII. The Dutch here shall injoy the liberty 
of their consciences in divine worship and church 
discipline. 

" IX. No Dutchman here, or Dutch ship here, 
shall upon any occasion, be pressed to serve in war 
against any nation whatsoever. 

" X. That the townsmen of the Manhattans, 
shall not have any soldiers quartered upon them, 
without being satisfied and paid for them by their 
officers, and that at this present, if the fort be not 
capable of lodging all the soldiers, then the burgo- 
masters, by their officers, shall appoint some houses 
capable to receive them. 

"XI. The Dutch here shall injoy their own cus- 
toms concerning their inheritances. 

" XII. All publique writings and records, which 
concern the inheritances of any people, or the regle- 
ment of the church or poor, or orphans, shall be 
carefully kept by those in whose hands now they 
are, and such writings as particularly concern the 
States General, may at any time be sent to them. 

"XIII. No judgment that has passed any judica- 
ture here, shall be called in question, but if any 
conceive that he hath not had justice done him, if he 
apply himself to the States General, the other party 
shall be bound to answer for the supposed injury. 



30 HISTORY OF NEW-YORK. 

"XIV. If any Dutch living here shall at any 
time desire to travaile or traffique into England, or 
any place, or plantation, in obedience to his majesty 
of England, or with the Indians, he shall have (upon 
his request to the governor) a certificate that he is a 
free denizen of this place, and liberty to do so. 

" XV. If it do appeare, that there is a publique 
engagement of debt, by the town of the Manhatoes, 
and a way agreed on for the satisfying of that 
engagement, it is agreed, that the same way pro- 
posed shall go on, and that the engagement shall 
be satisfied. 

*' XVI. All inferior civil officers and magistrates 
shall continue as now they are, (if they please,) till 
the customary time of new elections, and then new 
ones to be chosen by themselves, provided that such 
new chosen magistrates shall take the oath of alle- 
giance to his majesty of England before they enter 
upon their office. 

" XVII. All diffisrences of contracts and bargains 
made before this day, by any in this country, shall 
be determined according to the manner of the 
Dutch. 

" XVIII. If it do appeare, that the West-India 
Company of Amsterdam, do really owe any sums of 
money to any persons here, it is agreed that recog- 
nition and other duties payable by ships going 
for the Netherlands, be continued for six months 
longer. 

" XIX. The officers military, and soldiers, shall 
march out with their arms, drums beating, and cou- 
lours flying, and lighted matches ; and if any of 
them will plant, they shall have fifty acres of land 



HISTORY OF NEW-YORK. 31 

set out for them ; if any of them will serve as ser- 
vants, they shall continue with all safety, and be- 
come free denizens afterwards. 

" XX. If, at any time hereafter, the king of 
Great Britain and the States of the Netherland do 
agree that this place and country be re-delivered 
into the hands of the said States, whensoever his 
majestic will send his commands to re-deliver it, 
it shall immediately be done. 

" XXI. That the town of Manhattans shall choose 
deputyes, and those deputyes shall have free voyces 
in all publique affairs, as much as any other deputyes. 

"XXII. Those who have any property in any 
houses in the fort of Aurania, shall (if they please) 
slight the fortifications there, and then enjoy all 
their houses as all people do where there is no fort. 

" XXIII. If there be any soldiers that will go into 
Holland, and if the Company of West-India in Am- 
sterdam, or any private persons here will transport 
them into Holland, then they shall have a safe pass- 
port from colonel Richard Nicolls, deputy-governor 
under his royal highness, and the other commission- 
ers, to defend the ships that shall transport such 
soldiers, and all the goods in them, from any sur- 
prizal or acts of hostility, to be done by any of his 
majestie's ships or subjects. That the copies of the 
king's grant to his royal highness, and the copy of 
his royal highness's commission to colonel Richard 
Nicolls, testified by two commissioners more, and 
Mr. Winthrop, to be true copies, shall be delivered 
to the honourable Mr. Stuyvesant, the present go- 
vernor, on Monday next, by eight of the clock in 
the morning, at the Old Miln, and these articles 



62 HISTORY OF NEW-YORK. 

consented to, and signed by colonel Richard Nicolls, 
deputy-governor to his royal highness, and that 
within two hours after the fort and town called New- 
Amsterdam, upon the isle of Manhatoes, shall be 
delivered into the hands of the said colonel Richard 
Nicolls, by the service of such as shall be by him 
thereunto deputed, by his hand and seal. 

John De Decker. Robert Carr. 

NicH. Verleett. Geo. Carteret. 

Sabi. Megapolensis. John Winthrop. 

Cornelius Steenwick. Sam. Willys. 

Oloffe S. Van Kortlant. Thomas Clarke. 

James Cousseau. John Pinchon. 

" I do consent to these articles, 

Richard Nicolls." 

These articles, favourable as they were to the inha- 
bitants, were however very disagreeable to the Dutch 
governor, and he therefore refused to ratify them, 
till two days after they were signed by the commis- 
sioners. 

The town of New- Amsterdam, upon the reduction 
of the island Manhattans, took the name of New- 
York. It consisted of several small streets, laid 
out in the year 1656, and was not inconsiderable 
for the number of its houses and inhabitants. The 
easy terms of the capitulation, promised their peace- 
able subjection to the new government, and hence 
we find, that in two days after the surrender, the 
Boston aid was dismissed with the thanks of the 
commissioners to the general court. Hudson's and 



HISTORY OF NEW-YORK. 33 

the South River were, however, still to be reduced. 
Sir Robert Carr commancied the expedition on De- 
laware, and Carteret was commissioned to subdue the 
Dutch at Fort-Orange. The garrison capitulated 
on the 24th of September, and he called it Albany, 
in honour of the Duke. While Carteret was here, 
he had an interview with the Indians of the Five 
Nations, and entered into a league of friendship 
with them, which remarkably continues to this day.*- 
Sir Robert Carr was equally successful on Soutli 
River, for he compelled both the Dutch and Swedes 
to capitulate and deliver up their garrisons the 1st 
of October, 1664 ; and that was the day in which 
the whole New-Netherlands became subject to the 
English crown. Very few of the inhabitants thought 
proper to remove out of the country.! Governor 
Stuyvesant himself held his estate and died here. 
His remains were interred in a chapel which he 
had erected on his own farm, at a small distance 
from the city, now possessed by his grandson Ge- 
rardus Stuyvesant, a man of probity, who has been 
elected into the magistracy above thirty years suc- 
cessively. Justice obliges me to declare, that for 
loyalty to the present reigning family, and a pure 
attachment to the protestant religion, the descend- 
ants of the Dutch planters are perhaps exceeded 
by none of his majesty's subjects. 

* The Dutch were sensible of tlie importance of preserving an uninterrupted 
amity with those Indians, for they were botli very numerous and warlike. The 
French pursued quite different measures, and the irruptions of those tribes, 
according to their own autliors, have often reduced Canada to the brink of ruin. 

+ Sir Robert Carr arrived at Bristol, Ist June, 1667, and died the next day. 
Carteret went homo hi 1664, leaving Maverick at Boston. — Vid. New 
England's Memorial, by Ncith. Morton, secrefarv for New Plymouth, p. 9M'. 
edit.l2mo. 1721. 

vni,. T. — 5 



THE 



HISTORY OF NEW-YORK. 



PART II. 

FR03I THE SURRENDER IN 1664, TO THE SETTLEMENT 
AT THE REVOLUTION. 

Richard Nicolls being now possessed of the 
country, took the government upon him, under the 
style of " deputy-governor under his royal highness 
the duke of York, of all his territories in America." 
During his short continuance here, he passed a vast 
number of grants and confirmations of the ancient 
Dutch patents, the profits of which must have been 
very considerable. Among these, no one has 
occasioned more animated contention, than that 
called the Elizabeth Town Grant, in New- Jersey ; 
which, as it relates to another colony, I should not 
have mentioned, but for the opportunity to caution 
the reader against the representation of that contro- 
versy contained in Douglass's Summary. I have 
sufficient reasons to justify my charging that account 
with partiality and mistakes : and ior proofs, refer 



56 HISTORY OF NEW-YORK. 

to the printed answer in chancery, published in the 
year 1751. 

Besides the chief command of this province, 
NicoUs had a joint power* with Sir Robert Carr, 
Carteret, and Maverick, to settle the contested 
boundaries of certain great patents. Hence we 
find, that three of them had a conference with 
several gentlemen from Connecticut, respecting the 
limits of this and that colony. The result was an 
adjudication in these words : 

*' By virtue of his majesty's commission, we have 
heard the difference, about the bounds of the patents 
granted to his royal highness the duke of York, and 
his majesty's colony of Connecticut, and having 
deliberately considered all the reasons alleged by 
Mr. Allyn, sen. Mr. Gold, Mr. Richards, and captain 
Winthrop, appointed by the assembly held at Hart- 
ford, the 13th of October, 1664, to accompany John 
Winthrop, esq. the governor of his majesty's colony 
of Connecticut, to New-York, and to agree upon the 
bounds of the said colony, why the said Long Island 
should be under the government of Connecticut, 
which are too long here to be recited, we do declare 
and order, that the southern bounds of his majesty's 
colony of Connecticut, is the sea, and that Long- 
Island is to be under the government of his royal 
highness the duke of York, as is expressed by plain 

* The commisBion from king Charles 11. was dated 26tli of April, 1GG4. After 
a recital of disputes concerning limits in New-England, and that addresses had 
been sent home from the Indian natives, complaining of abuses received from 
the English subjects; the commissioners, or any three or two of them, of which 
Nicolls was to be one, were authorized to visit the New-England colonies, and 
determine all complaints military, civil, and criminal, according to tlieir discre- 
Itfiii, and such instructions, as tliey might receive from the crown. 



HISTORY OF NEW-YORK. 37 

words, in the said patents, respectively, and also by 
virtue of his majesty's commission, and the consent 
of both the governors and the gentlemen above- 
named. We also order and declare, that the creek, 
or river, called Mamaroneck, which is reputed to be 
about thirteen miles to the east of West-chester, 
and a line drawn from the east point or side, where 
the fresh water falls into the salt, at high water 
mark, north-north-west to the line of the Massa- 
chuset's, be the western bounds of the said colony 
of Connecticut, and all plantations lying westward 
of that creek and line so drawn, to be under his 
royal highness's government ; and all plantations 
lying eastward of that creek and line, to be under the 
government of Connecticut. Given under our hands, 
at James's Fort in New-York, on the island of 
Manhattan, this 1st day of December, 1664. 

" Richard Nicolls. 

" George Carteret. 

" S. Mavericke. 
" We the governour and commissioners of the 
general assembly of Connecticut, do give our con- 
sent to the limits and bounds above mentioned, as 
witness our hands. ^^ P 

" John Winthrop, Jun. 
" John Winthrop, 
" Allen, Sen. 
" Richards." 

At the time of this determination, about tvi^o-thirds 
of Long Island were possessed by people from 
New-England, who had gradually encroached upon 
the Dutch. As to the settlement between New-York 



38 HISTORY OF NEW-YORK. 

and Connecticut on the main, it lias always been 
considered by the former, as founded upon ignorance 
and fraud.* The station at Mamaroneck was about 
thirty miles from New-York ; from Albany one 
hundred and fifty. The general course of the river 
is about north 12 or 15 degrees east : and hence it 
is evident, that a north-north-west line will soon 
intersect the river, and consequently leave the Dutch 
country, but a little before surrendered to colonel 
Carteret, out of the province of New- York. It has 
been generally esteemed, that the Connecticut 
commissioners in this affair, took advantage of the 
duke's agents, who were ignorant of the geography 
of the country. 

The duke's commissioners in their narrative ex- 
press themselves thus : " The bounds between the 
duke's province and Connecticut were mistaken by 
wrong information, for it was not mtended that they 
should come nearer Hudson's river than twenty miles, 
yet the line was set down by the commissioners to 
go from such a point N N. W., whereas it ought to 
go just N., otherwise the lines will go into Hudson's 
river." 

About the close of the year, the estate of the 
West-India company was seized and confiscated, 
hostilities being actually commenced in Europe as 
well as America, though no declarations of war had 
yet been published by either of the contending 
parties. A great dispute between the inhabitants 
of Jamaica on Long Island, which was adjusted by 
colonel NicoUs, on the 2d of January, 1665, gave 

* The town of Rye was settled under Gonneclicut. and the <rrant from tha) 
colonv is bounded by this line of division. 



IIISTOIIY OF NEW-YORK. 39 

rise to a salutary institution, which has in part 
obtained ever since. The controversy respected 
Indian deeds, and thenceforth it was ordained, that 
no purchase from the Indians, without the governor's 
license executed in his presence, should be valid. 
The strength and numbers of the natives rendered 
it necessary to purchase their rights ; and to prevent 
their frequent selling the same tract, it was expedient 
that the bargain should be attended with some con- 
siderable solemnity. 

Colonel Nicolls also published an instrument to 
encourage settlers under the title of " The condi- 
tions for new planters in the territories of his royal 
highness the duke of York." I have met with three 
printed copies of it. It was in these words : 

" The purchases are to be made from the Indian 
sachems, and to be recorded before the governor. 
The purchasers are not to pay for their liberty of pur- 
chasing to the governor. The purchasers are to set 
out a town and inhabit together. No purchaser shall, 
at any time, contract for himself with any sachem 
without consent of his associates, or special warrant 
from the governor The purchasers are free from 
all manner of assessments or rates for five years 
after their town-plot is set out, and when the five 
years are expired, they shall only be liable to the 
public rates and payments according to the custom 
of other inhabitants, both English and Dutch. All 
lands thus purchased and possessed, shall remain 
to the purchasers and their heirs as free lands to 
dispose of as they please. 

'* In all territories of his royal highness, liberty 
of conscience is allowed, provided such liberty is 



40 HISTORY OF NEW-YORK. 

not converted to licentiousness, or the disturbance 
of others in the exercise of the protestant religion. 
The several townships have liberty to make their 
peculiar laws, and decide all small cases within 
themselves. The lands which I intend shall be first 
planted, are those upon the west side of Hudson's 
river, at or adjoining the Sopes. The governor 
hath purchased all the Sopes land, which is now 
ready for planters to put the plough into, it being 
clear ground. But if any number of men sufficient 
for two, or three, or more towns, shall desire to plant 
upon any other lands, they shall have all due encou- 
ragement proportionable to quality and undertak- 
ings. Every township is obliged to pay their minis- 
ter, according to such agreement as they shall make 
with him, and no man to refuse his proportion ; the 
minister being elected by the major part of the 
householders, inhabitants of the town Every town- 
ship to have the free choice of all the officers, both 
civil and military ; and all men who shall take the 
oath of allegiance to his majesty, and who are not 
servants or day labourers, but are admitted to enjoy 
town lots, are esteemed freemen of the jurisdiction, 
and cannot forfeit the same without due process in 
law. R. NICOLLS." 

Another instance of colonel Nicolls' prudence, 
was his gradual introduction of the English methods 
of government. It was not till the 12th of June, 
this year, that he incorporated the inhabitants of 
New- York, under the care of a mayor, five aldermen, 
and a sheriff". Till this time the city was ruled by 
a scout, burgomasters, and schepens. 



HISTORY OF NEW- YORK. 41 

In March preceding, there was a great convention 
before the governor, at Hempstead, of two deputies 
from every town on Long Island, empowered to bind 
their constituents. The design of their meeting 
was to adjust the limits of their townships for the 
preservation of the public peace. 

The war being proclaimed at London on the 4th 
of this month, Nicolls received the account of it in 
June, with a letter from the lord chancellor, inform- 
ing him, that De Ruyter, the Dutch admiral, had 
orders to visit New York. His lordship was mis- 
informed, or the admiral was diverted from the 
enterprise, for the English peaceably held the 
possession of the country during the whole war, 
which was concluded on the 21st of July, 1667, by 
the treaty of Breda. Some are of opinion, that the 
exchange made with the Dutch for Surinam, which 
they had taken from us, was advantageous to the 
nation ; but these judges do not consider, that it 
would have been impossible for the Dutch to have 
preserved this colony against the increasing strength 
of the people in New-England, Maryland, and 
Virginia. 

After an administration of three years, Nicolls 
returned to England. The time during his short 
residence here, was almost wholly taken up in 
confirming the ancient Dutch grants. He erected 
no courts of justice, but took upon himself the sole 
decision of all controversies whatsoever. Complaints 
came before him by petition ; upon which he gave a 
day to the parties, and after a summary hearing, 
pronounced judgment. His determinations were 
VOL. I, — 6 



42 HISTORY OF NEW-YORK. 

called edicts, and executed by the sheriffs he had 
appointed. It is much to his honour, that notwith- 
standing all this plenitude of power, he governed 
the province with integrity and moderation. A 
representation from the inhabitants of Long Island, 
to the general court of Connecticut, made about the 
time of the revolution, commends him as a man of 
an easy and benevolent disposition ; and this testi- 
monial is the more to be relied upon, because the 
design of the writers was, by a detail of their 
grievances, to induce the colony of Connecticut to 
take them under its immediate protection. 

Francis Lovelace, a colonel, was appointed by 
the Duke, to succeed Nicolls in the government of 
the province, which he began to exercise in May, 
1667- As he was a man of great moderation, the 
people lived very peaceably under him, till the re- 
surrender of the colony, which put an end to his 
power, and is the only event that signalized his 
administration. 

The ambitious designs of Louis XIV. against 
the Dutch, gave rise to our war with the States 
General in 1672. Charles II. a prince sunk in 
pleasures, profligate, and poor, was easily detached 
from his alliance with the Dutch, by the intrigues 
and pecuniary promises of the French king. The 
following passage from a fine writer,* shows that his 
pretences for entering into the war were perfectly 
groundless and trifling. 

" The king of England, on his side, reproached 
them with disrespect, in not directing their fleet to 

* Voltaire's Aee of Louis XI \ 



HISTORY OF NEW-YORK. 43 

lower the flag before an English ship ; and they 
were also accused in regard to a certain picture, 
wherein Cornelius de Witt, brother to the pen- 
sionary, was painted with the attributes of a con- 
queror. Ships were represented in the back-ground 
of the piece, either taken or burnt. Cornelius de 
Witt, who had really had a great share in the 
maritime exploits against England, had permitted 
this trifling memorial of his glory : but the picture, 
which was in a manner unknown, was deposited in 
a chamber wherein scarce any body ever entered. 
The English ministers, who presented the complaints 
of their king against Holland, in writing, therein 
mentioned certain abusive pictures. The States, 
who always translated the memorials of ambassadors 
into French, having rendered abusive, by the words 
fautifs trompeurs^ they replied, that they did not 
know what these roguish pictures (ces tableaux 
trompeurs) were. In reality, it never in the least 
entered into their thoughts, that it concerned this 
portrait of one of their citizens, nor did they ever 
conceive this could be a pretence for declaring 
war." 

A few Dutch ships arrived the year after, on the 
30th July, under Staten Island, at the distance of a 
few miles from the city of New- York. John Man- 
ning, a captain of an independent company, had at 
that time the command of the fort, and by a mes- 
senger sent down to the squadron, treacherously 
made his peace with the enemy. On that very 
day the Dutch ships came up, moored under the 
fort, landed their men, and entered the garrison, 
without giving or receiving a shot. A council of 



44 HISTORY OF NEW-YORK. 

war was afterwards held at the Stadt-house, at which 
were present 

Cornelius Evertse, Jun. > ^ , 

T i> > Commodores, 

Jacob Benkes, ) 

Anthony Colve, ^ 

Nicholas Boes, > Captains » 

Abraham Ferd.VanZyll, ) 

All the magistrates and con;«tables from East 
Jersey, Long-Island, Esopu^', and Albany, were 
immediately sujnmoned to New-York ; and the 
major part of them swore allegiance ti the States 
General and the prince of Orange. Colonel Love- 
lace was ordered to depart the province, but after- 
wards obtained leave to return to England with 
commodore Benkes. It has often been insisted on, 
that this conquest did not extend to the whole pro- 
vince of New-Jersey, but upon what foundation I 
cannot discover. From the Dutch records, it ap- 
pears, that deputies were sent by the people inha- 
biting the country, even so far westward as Dela- 
ware river, who in the name of their principals, 
made a declaration of their submission ; in return 
for which, certain privileges were granted to them, 
and three judicatories erected at Niewer Amstel, 
Upland, and Hoer Kill. Colve's commission to be 
governor of this country is worth printing, because 
it shows the extent of the Dutch claims. The trans- 
lation runs thus : 

" The honourable and awful council of war for 
their high mightinesses the States General of the 
United Netherlands and his serene highness the 
prince of Orange, over a squadron of ships, now at 
anchor in Hudson's river, in New-Netherlands : To 



HISTORY OF NEW-YORK. 4o 

all those who shall see or hear these, greeting. As 
it is necessary to appoint a fit and able person to 
carry the chief command over this conquest of New- 
Netherlands, with all its appendancies and depen- 
dancies, from Cape Hinlopen, on the south side of 
the 8outh or Delaware bay. and fifteen miles more 
southerly, with the said bay and South river in- 
cluded ; so as they were formerly possessed by the 
directors of the city of Amsterdam, and after by 
the English government, in the name and right of 
the Duke of York ; and further, from the said Cape 
Hinlopen, along the Great Ocean, to the east end 
of Long- Island, and Shelter-Island ; from thence 
westward to the middle of the Sound, to a town 
called Greenwich, on the main, and to run landward 
in, northerly ; provided that such line shall not come 
within ten miles of North river, conformable to a 
provmcial treaty made in 1650, and ratified by the 
States General, February 22, 1656, and January 
23, 1664 ; with all lands, islands, rivers, lakes, kills, 
creeks, fresh and salt waters, fortresses, cities, towns, 
and plantations therein comprehended. So it is, 
that we being sufliciently assured of the capacity of 
Anthony C«.lve, captain of a company of foot, in the 
service of their high mightinesses, the States Gene- 
ral of the United Netherlands, and his serene high- 
ness the prince of Orange, &c., by virtue of our 
commission, granted us by their before-mentioned 
high mightinesses and his highness, have appointed 
and qualified, as we do by these presents appoint 
and qualify, the said captain Anthony Colve, to 
govern and rule these lands, with the appendancies 
and dependancies thereof, as governor-general ; to 



46 HISTORY OF NEW-YORK. 

protect them from all invasions of enemies, as he 
shall judge most necessary ; hereby charging all 
high and low officers, justices, and magistrates, and 
others in authority, soldiers, burghers, and all the 
inhabitants of this land, to acknowledge, honour, 
respect, and obey, the said Anthony Colve, as 
governor-general ; for such we judge necessary, for 
the service of the country, waiting the approbation 
of our principals. Thus done at Fort William 
Henderick, the 12th day of August. 1673. 

" Signed by " Cornelius Evertse, jun. 

" Jacob Benkes." 

The Dutch governor enjoyed his office but a very 
short season, for on the 9th of February, 1674, the 
treaty of peace between England and the States 
General was signed at Westminster ; the sixth ar- 
ticle of which restored this country to the English. 
The terms of it were generally: *' That whatsoever 
countries, islands, towns, ports, castles, or forts, 
have or shall be taken on both sides, since the time 
that the late unhappy war broke out, either in Eu- 
rope or elsewhere, shall be restored to the former 
lord and proprietor, in the same condition they shall 
be in, when the peace itself shall be proclaimed ; 
after which time there shall be no spoil nor plunder 
of the inhabitants, no demolition of fortifications, 
nor carrying away of guns, powder or other military 
stores, which belonged to any castle or fort, at the 
time when it was taken." 

The lenity which began the administration of 
colonel INicolls was continued under Lovelace. He 
appears to have been a man rather of a phlegmatic 



HISTORY OF NEW-YORR. 47 

than an enterprising disposition, always pursuing 
the common road, and scarce ever acting without 
the aid of his council. 

It was this governor who introduced the prohibi- 
tion, by prochimation, in 1671, against masters of 
vessels carrying persons off without a pass from 
the Secretary's office, and a despatch for his vessel ; 
and it laid the foundation for fees to that office which 
were refused by the merchants, but not until near a 
hundred years afterwards.* 

Instead of taking upon himself the sole determi- 
nation of judicial controversies, after the example 
of his predecessor, he called to his assistance a few 
justices of the peace. This, which w^as called the 
Court of Assizes,t was the principal law judicatory 
in those times. The legislative power under the 
duke, was vested entirely in the governor and coun- 
cil. A third estate might then be easily dispensed 
with, for the charge of the province was small,| 
and in a great measure defrayed by his royal high- 
ness, the proprietor of the country. 

* See the minutes of Council on the 19th and 23d June, 1766. Sir Henry 
Moore made the legaUty of the Secretary's passes a question, and upon a diver- 
sity of opinion between Mr. Chief Justice Horsmanden and Mr. Justice Smith, 
the council advised an establishment by act of assembly, which was never 
obtained, as miglit have been foreseen from the jealous temper of that day, 
when all the provinces were alarmed by the stamp act and the statute for 
quartering soldiers. 

t See Note F. 

X The manner of raising public money was established by colonel Nicolls on 
the first of June, 1655, and was thus : The high sheriiF issued a warrant annuadly, 
to the high constables of every district, and they sent theirs to the petty con- 
stables ; who with the overseers of each towoi, made a list of all male persons 
above si.xteen years of age, with an estunate of their rent and personal estates, 
and then taxed them according to certain rates, prescribed by a law. After the 
assessment was returned to the high sheriff, and approved by tlie governor, the 
constables received warrants for levying the ta.\es by distress and sale, 



48 HISTORY UF ]NEW-YORK. 

Upon the conclusion of peace in 1674, the duke 
of York, to remove all controversy respecting his 
property, obtained a new patent* from the king, 
dated the 29th of June, for the lands granted in 
1664, and two days after commissioned major, after- 
wards 8ir Edmond Andross, to be governor of his 
territories in America. After the resignation of this 
province, which was made to him by the Dutch 
possessors, on the 31st of October following, he 
called a court martial to try Manning for his trea- 
cherous and cowardly surrender. The articles of 
accusation exhibited against him were, in substance : 

I. That the said Manning, on the 28th of July, 
1673, having notice of the approach of the enemy's 
fleet, did not endeavour to put the garrison in a 
posture of defence, but on the contrary, slighted 
such as offered their assistance. 

II. That while the fleet was at anchor under 
Staten Island, on the oUth of July, he treacherously 
sent on board to treat with the enemy, to the great 
discouragement of the garrison. 

III. That he suffered the fleet to moor under the 
fort, forbidding a gun to be fired on pain of death. 

IV. That he permitted the enemy to land without 
the least opposition. 

V. That shortly after he had sent persons to treat 
with the Dutch commodores, he struck his flag, even 
before the enemy were in sight of the garrison, the 

"*= Some are of opinion that the second patent was unnecessary, the duke being 
revested per post liminium. This matter has been often disputed in the eject- 
ments between the New-Jersey proprietors and the Elizabeth Town patentees. 
In New-York the right of posthminy was disregarded, and perhaps unknown ; 
for there are many instances, especially on Long-Island, of new grants from 
Sir Edmond Andross, for lands patented under Nicolls and Lovelace, by which 
'he quit-rents liavc been artfully enlarged. 



HISTORY OF NEW-YORK. 49 

fort being in a condition, and the men desirous, to 
fight. 

VI, And lastly, that he treaclierously caused the 
fort gates to be opened, and cowardly and basely lot 
in the enemy, yielding the garrison without articles. 

This scandalous charge, which Manning on his 
trial confessed to be true, is less surprising than the 
lenity of the sentence pronounced against him. It 
was this, that though he deserved death, yet because 
he had since the surrender been in England, and 
seen the king and the duke, it was adjudged that 
his sword should be broke over his head in public, 
before the City-Hall, and himself rendered incapa- 
ble of wearing a sword, and of serving his majesty 
for the future, in any public trust in the government. 

This light censure is, however, no proof that Sir 
Edmond was a man of a merciful disposition ; the 
historians of New-England, where he was afterwards 
governor, justly transmit him to posterity under the 
odious character of a sycophantic tool to the duke, 
and an arbitrary tyrant over the people committed 
to his care. He knew no law but the will of his 
master, and Kirk and Jefferies were not fitter instru- 
ments than he to execute the despotic projects of 
James H. 

In the year 1675, Nicholas Renslaer, a Dutch 
clergyman, arrived here. He claimed the manor of 
Renslaerwick, and was recommended by the duke 
to Sir Edmond Andross for a living in one of the 
churches at New-York or Albany, probably to serve 
the popish cause.* Niewenhyt, minister of the 
church at Albany, disputed his right to administer 

* S.ee Note G. 
VOL. T. 7 



50 HISTORY OF NEW-YORK. 

the sacraments, because he had received an episco- 
pal ordination and was not npprovecl by the Classis 
of Amsterdam, to vvliifh the [)ut,ch chun-hcvs here 
hold themselves subordinate In this controversy 
the governor took the part of Renslacr, ai>d ac- 
cordingly summoned Ni(;wenhyt before him, to 
answer for his conchict. This minister was treated 
with such singular contempt, and so frequently 
harassed by fruitless and expensive attendances 
before the council, that the dispute became interest- 
ing, and the greater part of the people resented the 
usage he met with. Hence we find that the magis- 
trates of Albany soon after imprisoned Renslaer, 
for several dubious words (as they are called in the 
record,) delivered in a sermon. The governor, on 
the other hand, ordered him to be released, and sum- 
moned the magistrates to attend him at New York: 
warrants were then issued to compel them to give 
security in £5000 each, to make out good cause for 
confining the minister. Leisler, who was one of 
them, refused to comply wiih the warrant, and was 
thrown into jaiL Sir Edmond, fearful that a great 
party would rise up against him, was at last com- 
pelled to discontinue his ecclesiastical jurisdiction, 
and to refer the controversy to the determination of 
the consistory of the Dutch church at Albany. It is 
perhaps not improbable, that these popish measures 
sowed the seeds of that aversion to the duke's govern- 
ment, which afterwards produced those violent con- 
vulsions in the province under Leisler, at the time of 
the revolution in favour of the prince of Orange. 

If Sir Edmond Andross's administration at New- 
York appears to be less exceptionable than while he 



HISTORY OF NEW-YORK. 51 

commanded at Boston, it was through want of more 
opportunities to show himself in his true light. The 
main course of his public [)roceedings, during his 
continuance in the province, was spent in the ordi- 
nary acts of government, which then principally 
consisted in passing grants to the subject, and pre- 
siding in the court of assize established by colonel 
Lovelace. The public exigencijcs were now in part 
supplif'd by a kind of benevolence — the badge of 
bad times ! This appears in an entry on the records, 
of a letter of May the 5th, 1676, from governor 
Andross, to several towns on Long-Island, desiring 
to know what sums they would contribute towards 
the war. Near the close of his administration, he 
thought proper to quarrel with Philip Carteret, who, 
in 16u0, exercised the government of East Jersey, 
under a commission from Sir George Carteret, dated 
July the 31st, 1675 Andross disputed his right, and 
seized and brought him prisoner to New-York, for 
which it is said he lost his own government; but who- 
ever considers that Sir Edmond was immediately pre- 
ferred to be governor of Boston, will rather believe 
that the duke superseded him for some other reasons. 
Before I proceed to the succeeding administra- 
tion, in which our Indian affairs began to have a 
powerful influence upon the public measures, it may 
not be improper to present the reader with a sum- 
mary view of the history and character of the Five 
Nations.* These, of all those innumerable tribes? 
of savages which inhabit the northern part of Ame- 

* By the Dutch called Maquaas, by the French Iroquois, and by U8, Five 
Nations, Six Nations, and lately The Confederates. They are greatly diminislj- 
ed. and consist now only of about twelve hundred fighting' men. 



52 HISTORY OF NEW-YORK. 

rica, are of most importance to us and the French, 
both on account of their vicinity and warlike dispo- 
sition. Before the late incorporation of the Tusca- 
roras, a people driven by the inhabitants of Carolina 
from the frontiers of Virginia; they consisted of five 
confederate cantons.* What in particular gave rise 
to this league, and when it took place, are questions 
which neither the natives, nor Europeans, pretend 
to answer. Each of these nations is divided into 
three families, or clans, of difierent ranks, bearing 
for their arms, and being distinguished by the names 
of the tortoise, the bear, and the wolf.f 

No people in the world, perhaps, have higher 
notions than these Indians of military glory. All 
the surrounding nations have felt the effects of their 
prowess ; and many, not only became their tributa- 
ries, but were so subjugated to their power, that 
without their consent, they durst not commence 
either peace or war. 

Though a regular police for the preservation of 
harmony within, and the defence of the state against 
invasions from without, is not to be expected from 
the people of whom I am now writing, yet perhaps, 
they have paid more attention to it than is generally 
allowed. Their government is suited to their con- 
dition. A people whose riches consist, not so much 
in abundance as in a freedom from want ;t who are 

* The Tiiscaroras were received upon a supposition that they were originally 
©f the same stock with the Five Nations, because there is some similitude 
between their languages. 

t Their instruments of conveyances are signed by signatures which they 
make with a pen, representing tliese animals. 

t An Indian, in answer to his question, " What the white people meant by 
covetousness ? was told by another, that it signified, " A desire of more than 
a man had need of." " That's strange !" said the querist. 



HISTORY OF NEW-YORK. 53 

circumscribed by no boundaries, who live by hunt- 
ing, and not by agriculture, must always he free, 
and therelbre subject to no other authority than 
such as consists with the liberty necessarily arising 
from their circumstances- All their affairs, whether 
respecting peace or war, are under the direction of 
their sachems, or chief men- Great exploits and 
public virtue procure the esteem of a people, and 
qualify a man to advise in council, and execute the 
plan concerted for the advantage of his country : 
thus whoever appears to the Indians in this advan- 
tageous light, commences a sachem without any 
other ceremony. 

As there is no other way of arriving at this dig- 
nity, so it ceases, unless an uniform zeal and activity 
for the common good, is uninterruptedly continued. 
Some have thought it hereditary, but that is a mis- 
take. The son is indeed respected for his father's 
services, but without personal merit he can never 
share in the government; which were it otherwise, 
must sink into perfect disgrace. The children of 
such as are distinguished for their patriotism, moved 
by the consideration of their birth, and the perpe- 
tual incitements to virtue constantly inculcated upon 
them, imitate their father's exploits, and thus attain 
to the same honours and influence ; which accounts 
for the opuiion that the title and power of sachem 
are hereditary. 

Each of these republics has its own particular 
chiefs, who hear and determine all contphiints in 
council, and though they have no officers for the 
execution of justice, yet their decrees are always 
obeyed, from the general reproach that would follow 



54 HISTORY OF NEW-YORK. 

a contempt of their advice. The condition of this 
people exempts them from factions, the common 
disease of popular governments. It is impossible 
to gain a party amongst them hy indirect means; 
for no man has either honour, riches, or power to 
bestow.* 

All af!ai»'s which concern the general interest are 
determined in a great assembly of the chiefs of each 
canton, usually held at Onondaga, the centre of their 
country. Upon emergencies they act separately ; 
but nothing can bind the league but the voice of the 
general convention 

The French, upon the maxim divide et impera, 
have tried all possible means to divide these repub- 
lics, and sometimes have even sown great jealousies 
amongst them. In conse«]uence of this plan, they 
have seduced many families to withdraw to Canada, 
and there settled them in regular towns, under the 
command of a fort and the tuition of missionaries. 

The manners of these savages are as sitifple as 
their government. Their houses are a few crotched 
stakes thrust into the ground, and overlaid with 
bark. A fire is kindled in the middle, and an aper- 
ture left at the top for the conveyance of the smoke. 
Whenever a considerable number of those huts are 
collected, they have a castle, as it is called, consist- 
ing of a square without bastions, surrounded with 

* The learned and judicious author of " The Spirit of Laws," speaking of a 
people who have a fixed property in lands, observes: "That if a chief would 
deprive them of their liberty, taey would immediately go and seek it under 
another, or retire into the woods and live there witii their families " The Five 
Nations can never be enslaved till they grow rich by agriculture and commerce. 
Property is the most permanent basis of power. The authority of a sachem 
depending only upon his reputation for wisdom and courage, must be weak and 
precarious, and therefore safe to the people. 



HISTORY OF NEW-YORK. 55 

pallisadoes. They have no other fortification ; and 
this is 0;)ly designed as an asylum for their old men, 
their wives, and children, while the rest are gone 
out to war They live almost entirely without care. 
While the women, or squaws, cultivate a little spot 
of ground for corn, the men employ themselves in 
hunting As to clothes, they use a blanket girt at 
the waist, and thrown loosely over their shoulders ; 
some of their women indeed have, besides this, a 
sort of petticoat, and a few of their men wear shirts ; 
but the greater part of them are generally half 
naked. In winter, their legs are covered with stock- 
ings of blanket, and their feet with socks of deer 
skin. Many of them are fond of ornaments, and 
their taste is very singular. I have seen rings 
affixed, not only to their ears, but their noses. 
Bracelets of silver and brass round their wrists are 
very common. The women plait their hair and tie 
it up behind in a bag, perhaps in imitation of the 
French beaus in Canada Though the Indians are 
capable of sustaining great hardships, yet they 
cannot endure much labour, being rather fleet than 
strong. Their men are taller than the Europeans, 
rarely corpulent, always beardless,* straight limbed, 
of a tawny complexion, and black uncurled hair. 
In their food they have no manner of delicacy, for 
though venison is their ordinary diet, yet sometimes 
they eat dogs, bears, and even snakes Their cook- 
ery is of two kinds, boiled or roasted ; to perform 
the latter, the meat is penetrated by a short sharp 
stick set in the ground, inclining towards the fire, 

* Because they pluck out the hairs. The Frencli writers, who say they have 
naturally no beards, arc mistaken; and the reasons they assign for it ara 
ridiculouf?. 



56 HISTORY OF NEW-YORK. 

and turned as occasion requires. They are hospi- 
table to strangers, though few Europeans would 
relish their liighest favours of this kind, for they 
are very nasty both in their garments and food. 
Every man has his own wife, whom he takes and 
leaves at pleasure : a plurality, however, at the same 
time, is by no means admitted amongst them. They 
have been generally commended for their chastity, 
but 1 am informed by good authority, that they are 
very lascivious ; and that the women, to avoid 
reproach, frequently destroy the foetus in the womb. 
They are so perfectly free, that unless their children, 
who generally assist the mother, may be called ser- 
vants, they have none. The men frequently asso- 
ciate themselves for conversation, by which means 
they not only preserve the remembrance of their 
wars and treaties, but diffuse among their youths, 
incitements to military glory, as well as instruction 
in all the subtleties of war. 

Since they became acquainted with the Europeans, 
their warlike apparatus is a musket, hatchet,* and 
a long knife. Their boys still accustom themselves 
to bows and arrows, and are so dextrous in the use 
of them, that a lad of sixteen will strike an English 
shilling five times in ten, at twelve or fourteen yards 
distance. Their men are excellent marksmen, both 
with the gun and hatchet ; their dexterity at the 
latter is very extraordinary, for they rarely miss the 
object, though at a considerable distance. The 
hatchet in the flight perpetually turns round, and yet 
always strikes the mark with the edge. 

* Hence, to take up the hatchet, is with them a phrase signifying to declare 
war ; as on the contrary to bury it, denotes the estabhshracnt of a peace. 



HISTORY OF NEW-YORK. 57 

Before they go out, they have a feast upon dog's 
flesh, and a great war dance. At these, the warriors, 
who are frightfully painted with vermilion, rise up 
and sing their own exploits, or those of their ances- 
tors, and thereby kindle a military enthusiasm in 
the whole company The day after the dance, 
they march out a few miles in a row, observing a 
profound silence. The procession being ended, 
they strip the bark from a large oak, and paint the 
design of their expedition on the naked trunk. 
The figure of a canoe, with the number of men in 
it, determines the strength of their party; and by a 
deer, a fox, or some other emblem painted at the 
head of it, we discover against what nation they 
are gone out. 

The Five Nations being devoted to war, every 
art is contrived to diffuse a military spirit through 
the whole body of their people. The ceremonies 
attending the return of a party, seem calculated in 
particular for that purpose. The day before they 
enter the village, two heralds advance, and at a 
small distance set up a yell, which by its modulation 
intimates either good or bad news. If the former, 
the village is alarmed, and an entertainment pro- 
vided for the conquerors, who in the mean time 
approach in sight : one of them bears the scalps 
stretched over a bow, and elevated upon a long- 
pole. The boldest man in the town comes out, 
and receives it, and instantly flies to the hut where 
the rest are collected. If he is overtaken, he is 
beaten unmercifully ; but if he out-runs the pursuer, 
he participates in the honor of the victors, who at 
their first entrance receive no compliments, nor 

VOL, T. — 8 



58 HISTORY OF ^EW-YORK. 

speak a single word till the end of the feast. Their 
parents, wives, and children, then are admitted, 
and treat ihem with the profoundest respect After 
these salutations, one of the conquerors is appointed 
to relate the whole adventure, to which the rest 
attentively listen, without asking a question, and 
the whole concludes with a savage dance. 

The Indians never fight in the field, or upon 
equal terms, but always skulk and attack, by sur- 
prise, in small parties, meeting every night at a 
place of rendezvous. Scarce any enemy can escape 
them, for by the disposition of the grass and leaves, 
they follow his track with great speed any where 
but over a rock. Their barbarity is shocking to 
human nature. Women and children they generally 
kill and scalp, because they would retard their 
progress, but the men they carry into captivity. If 
any woman has lost a relation, and inclines to 
receive the prisoner in his stead, he not only escapes 
a series of the most inhuman tortures, and death 
itself, but enjoys every immunity they can bestow, 
and is esteemed a member of the family into which 
he is adopted To part with him would be the most 
ignominious conduct, and considered as selling 
the blood of the deceased ; and, for this reason, it is 
not without the greatest difficulty that a captive is 
redeemed.* 

When the Indians incline to peace, a messenger 
is sent to the enemy with a pipe, the bowl of which 
is made of soft red marble ; and a long reed, beau- 
tifully painted, and adorned with the gay plumage 
of birds, forms the stem. This is his infallible 
protection from any assault on the way. The envoy 



HISTORY OF NEW-YORK. 59 

makes his proposals to the enemy, who, if they 
approve them, ratify the preliminaries to the peace, 
by smoking through the pipe, and from that in- 
stant, a general cessation of arms takes place. The 
French call it a Calmnet. It is used, as far as I 
can learn, by all the Indian nations upon the conti- 
nent. The rights of it are esteemed sacred, and 
have only been invaded by the Flat Heads ; in just 
indignation for which, the Confederates maintained 
a war with them for near thirty years. 

As to the language of the Five Nations, the best 
account I have had of it, is contained in a letter 
from the Rev. Mr. Spencer, who resided amongst 
them in the year 1748, being then a missionary 
from the Scotch Society for propagating Christian 
Knowledae. He writes thus : 

" Sir, Though I was very desirous of learning 
the Indian tongue, yet through my short residence 
at Onoughquage, and the surly disposition of my 
interpreter, I confess my proficiency was not great. 

" Except the Tuscaroras, all the Six Nations 
speak a language radically the same. It is very 
masculine and sonorous, abounding with gutturals 
and strong aspirations, but without labials. Its 
solemn grave tone is owing to the generosity of its 
feet, as you will observe in the following transla- 
tion of the Lord's Prayer, in which I have distin- 
guished the time of every syllable by the common 
marks used in prosody.* 

* If we had a good dictionary, marking the quantity as well as emphasis of 
every syllable in the English language, it would conduce to an accuracy and 
uniformity of pronunciation. The dignity ot style, so far as the ear is concern- 
ed, consists principally in generous feet ; and perhaps it may be a just remark, 
Ihat no sentence, unless in a dialogue, ends well without a full sound ; Gordon 



00 HISTORY OF NEW-YORK. 

- u o — u o - — <J — 

" feoungwauneha, caurounkyawga, tehseetaroaii, 

sauhsoneyousta, esa, sawaneyou, Okettauhsela, eh- 

<-) - - —' - - >., — o - — vj 

neauwoung. na, caurounkyawga, nughwonshauga, 

~<J^.'W WW W" -JW WW w 

neattewehnesalauga,taugwaunautoronoantoughsick, 

— ~— W-— W~ W WW — w 

toantaugweleewheyoustaung, cheneeyeut, chaqua- 

— W WW -w" w- WW- 

tautalehwheyoustaunna, toughsau, taugwaussareneh, 

""wwwww- — -w — ~W ~ WW 

tawautottenaugaloughtoungga, iiasawne, sacheau- 

- w — W--- — _— O -W WW — 

taugwass, coantehsalohaunzaickaw. esa, sawaune- 
you, esa, sashautzta, esa, soungwasoung, chenneau- 
haungwa, auwen. 

" The extraordinary length of Indian words, and 
the guttural aspirations, necessary in pronouncing 
them, render the speech extremely rough and dif- 
ficult. The verbs never change in their termina- 
tions, as in Latin, Greek and Hebrew, but all their 
variations are prefixed. Besides the singular and 
plural, they have also the dual number. A strange 
transposition of syllables of different words, euphonicn 
gratia, is very common in the Indian tongue, of 
which I will give an instance. Ogilla signifies fire, 
and CAWAUNNA great, but instead of joining the ad- 
jective and substantive to say great fire, cawaunna 
oGiLLA, both words would be blended into this one, 
co-GiLLA-wAUNNA. The dialcct of the Oneidas is 
softer than that of the other nations ; and the reason 
is, because they have more vowels, and often supply 
the place of harsh letters with liquids. Instead of 
R, they always use L : Rebecca would be pronounced 
Lequecca." 

and Fordyce rarely swerve from this rule, and Mr. Mason, an ingenious autiior. 
has lately written mth great applause on this attribute of style. 



HISTORY OF NEW-YORK. 61 

The art of public speaking is in high esteem 
among the Indians, and much studied. Tiiey are 
extremely fond of method, and displeased with an 
irregular harangue, because it is difficult to be 
remembered. When they answer, they repeat the 
whole, reducing it into strict order. Their speeches 
are short, and the sense conveyed in strong meta- 
phors. In conversation they are sprightly ; but 
solemn and serious in their messages relating to 
public affairs. Their speakers deliver themselves 
with surprising force and great propriety of gesture. 
The fierceness of their countenances, the flowins* 
blanket, elevated tone, naked arm, and erect stature, 
with a half circle of auditors seated on the ground, 
and in the open air, cannot but impress upon the 
mind, a lively idea of the ancient orators of Greece 
and Rome. 

At the close of every important part of the speech, 
ratifying an old covenant, or creating a new one, a 
belt is generally given, to perpetuate the remem- 
brance of the transaction. These belts are about 
four inches wide, and thirty in length. They con- 
sist of strings of conque shell beads fastened to- 
gether.* 

With respect to religion, the Indians may be 
said to be under the thickest gloom of ignorance. 
If they have any, which is much to be questioned, 
those who affirm it, will find it difficult to tell us 
wherein it consists. They have neither priest nor 



* Those beads which pass for money, are called by the Indians, wampuin, 
and by the Dutch, seivant ; six beads were formerly valued at a sty ver. There 
are always several poor families at Albany, who support themselves by coininc" 
Ihis cash for the traders. 



62 HISTORY OF NEW-YORK. 

temple, sacrifice nor altar. Some traces, indeed, 
appear of the original law written upon their hearts ; 
but they have no system of doctrines, nor any rites 
and modes of public worship. They are sunk 
unspeakably beneath the polite pagans uf antiquity. 
Some confused notions, indeed, of beings superior 
to themselves, they have ; but of the Deity and 
his natural and moral perfections, no proper or 
tolerable conception ; and of his general and 
particular providence they know nothing. They 
profess no obligations to him, nor acknowledge 
their dependence upon him Some of them, it is 
said, are of opinion, that there are two distinct, 
powerful beings, one able to help, the other to do 
them harm. The latter they venerate most, and 
some allege, that they address him by a kind of 
prayer. Though there are no public monuments of 
idolatry to be seen in their country, yet the missiona- 
ries have discovered coarse imagery in wooden 
trinkets, in the hands of their jugglers, which the 
converts deliver up as detestable. The sight of 
them would remind a man of letters, of the Lares 
and Penates of the ancients, but no certain judg- 
ment can be formed of their use. The Indians 
sometimes assemble in large numbers, and retire 
far into the wilderness, where they eat and drink in 
a profuse manner. These conventions are called 
Kenticoys. Some esteem them to be debauched 
revels or Bacchanalia; but those who have privately 
followed them into these recesses, give such accounts 
of their conduct, as naturally lead one to imagine, 
that they pay a joint homage and supplication to 
some invisible being. If we suppose they have a 



HISTORY OF NEW-YORK. 63 

religion, it is worse than none, and raises in the gene- 
rous mind most melancholy ideas of their depraved 
condition. Little has been done to illuminate these 
dark corners of the earth with the light of the 
Gospel. The French priests boast indeed of their 
converts, but they have made more proselytes to 
politics than relijrion. Queen Anne sent a mis- 
sionary amongst them, and gave him an appointment 
out of the privy purse. He was a man of a good 
life, but slow parts; and his success very incon- 
siderable. The Rev. Mr. Barclay afterwards resided 
among the Mohawks, but no suitable provision being 
made for an interpreter, he was obliged to break up 
the mission. If the English Society for propagating 
the Gospel, that truly venerable body, instead of 
maintaining missionaries in rich Christian congrega- 
tions along the continent, expended half the amount 
of their annual contributions on evangelists among 
the heathen, besides the unspeakable religious 
benefits that would, it is to be hoped, accrue to the 
natives, such a proceeding would conduce greatly 
to the safety of our colonies, and his majesty's 
service. Much has been written upon this subject 
in America ;* and why nothing to purpose has yet 
been attempted in England, towards so laudable a 
design, can only be attributed to the amazing false- 
hoods and misrepresentations, by which some of 
the missionaries have long imposed upon benevolent 
minds in Great Britain. f 

As to the history of the Five Nations, before their 

* See Mr. Hobart's Letters to tlie Episcopalians in New-England. The 
Account of the Scotch Mission at Stockbrid<re. Douelass's Summary, &c. 
t See Note H. 



64 HISTORY OF NEW-YORK. 

acquaintance with the Europeans, it is wrapt up in 
the darkness of antiquity. It is saiH that their first 
residence was in the country about Montreal ; and 
that the superior strength of the Adirondacks. whom 
the French call Algonquins, drove them into their 
present possessions, lying on the south side of the 
Mohawks River, and the grent Lake Ontario.* 
Towards the close of those disputes, which continued 
for a long series of years, the confederates gained 
advantages over the Adirondacks, and struck a 
general terror into all the other Indians. The 
Hurons on the north side of the Lake Erie, and the 
Cat Indians on the south side, were totally conquered 
and dispersed. The French, who settled Canada 
in 1603, took umbrage at their success, and began 
a war with them which had well nigh ruined the 
new colony. In autumn 1665, Mr. Courcelles, the 
governor, sent out a party against the Mohawks. 
Through ignor.mce of the country, and the want of 
snow-shoes, they were almost perished, when they 
fell in with Schenectady. And even there the 
Indians would have sacrificed them to their barbarous 
rage, had not Corlear, a Dutchman, interposed to 
protect them. For this seasonable hospitality, the 

* Charlevoix, in partiality to the French, limits the country of the Five 
Nations, on the north, to the 44th degree of latitude; according to which, all the 
country on the north side of the Lake Ontario, and the river issuing thence to 
Montreal, together with a considerable tract of land on the* south side of that 
river, belongs to the French. Hennepin, a Recollct friar, has more regard to 
truth than tlie Jesuit ; for he tells us in effect, that the Iroquois possessed the 
lands on the north as well as the south side of the lake, and mentions several of 
their villages in 1679, viz. Tejajahon, Kente, and Ganneousse, The map in his 
book agrees with the text. Charlevoix is at variance with his geographer ; for 
Mr. Beliin, besides laying down these towns in the map, contained in the fifth 
volume, writes on the north side of the protraction ofljakeOnt&ho.LesIroqiwli 
du J^nrrl. d 



HISTORY OF NEW-YORK. 65 

French governor invited him to Canada, but he was 
unfortunately drowned in his passage through the 
Lake Ciiamplain. It is in honour of this man, who 
was a favourite of the Indians, that the governors 
of New- York, in all their treaties are addressed by 
the name of Corlear. Twenty light companies of 
foot, and the whole militia of Canada, marched the 
next spring into the country of the Mohawks ; but 
their success was vastly unequal to the charge and 
labour of such a tedious march of seven hundred 
miles, through an uncultivated desert ; for the In- 
dians, on their approach, retired into the woods, 
leaving behind them some old sachems, who pre- 
ferred death to life, to glut the fury of their enemies. 
The emptiness of this parade on the one hand, and 
the Indian fearfulness of fire arms on the other, 
brought about a peace in 1667, which continued for 
several years after. In this interval, both the 
English and French cultivated a trade with the 
natives, very profitable to both nations. The latter, 
however, were most politic and vigorous, and filled 
the Indian country with their missionaries. The 
Sieur Perrot, the very year in which the peace was 
concluded, travelled about 1,200 miles westward, 
making proselytes of the Indians every where to the 
French interest. Courcelles appears to have been 
a man of art and industry. He took every measure 
in his power for the defence of Canada. To pre- 
vent the irruptions of the Five Nations, by the way 
of Lake Champlain, he built several forts, in 1665, 
between that and the mouth of the river Sorel. In 
1672, just before his return to France, under 
pretence of treating with the Indians more commo 

VOL. I. — 9 



tJG HISTORY OF NEW-YORK. 

diously, but in reality, as Charlevoix expresses it, 
" to bridle them," he obtained their leave to erect a 
fort at Cadaraoqui, or Lake Ontario, which Count 
Frontenac, his successor, completed the following 
spring, and called after his own name.* The com- 
mand of it was afterwards given to Mr. de la Salle, 
who, in 1678, rebuilt it with stone. This enter- 
prising person, the same year, launched a bark of 
ten tons into the Lake Ontario, and another of sixty 
tons, the year after, into Lake Erie, about which 
time he inclosed with palisadoes, a little spot at 
Niagara. 

Though the Duke of York had preferred colonel 
Thomas Dongan to the government of this province 
on the 30th of September, 1682, he did not arrive 
here till the 27th of August, in the following year. 
He was a man of integrity, moderation, and genteel 
manners, and though a professed Papist, may be 
classed among the best of our governors. 

The people, who had been formerly ruled at the 
will of the duke's deputies, began their first par- 
ticipation in the legislative power under Colonel 
Dongan ; for shortly after his arrival, he issued 
orders to the sheriffs, to summon the freeholders 
for choosing representatives, to meet him in as- 
sembly on the 17th of October, 1683. Nothing 
could be more agreeable to the people, who, whether 
Dutch or English, were born the subjects of a free 
state ; nor, indeed, was the change of less advantage 
to the duke than to the inhabitants. For such a 

* In May, 1721, it was a square with four bastions, built of stone, being a 
quarter of a French league in circumference ; before it, are many small islands, 
and a good harbour, and behind it a morass. — Charlevoix. 



* i 



HISTORY OF NEW-YORK. 67 

general disgust had prevailed, and in particular in 
Long Island, against the old form which Colonel 
Nicolls had introduced, as threatened the total 
subversion of the public tranquillity. Colonel Don- 
gan saw the disaffection of the people at the east 
end of the island, for he landed there on his first 
arrival in the country ; and to extinguish the fire of 
discontent, then impatient to burst out, gave them 
his promise, that no laws or rates for the future 
should be imposed, but by a general assembly. 
Doubtless, this alteration was agreeable to the duke's 
orders, who had been strongly importuned for it,* 
as well as acceptable to the people, for they sent 
him soon after an address, expressing the highest 
sense of gratitude, for so beneficial a change in the 
government. This is a copy of it, entitled " The 
humble address of the sheriffs to the most illus- 
trious prince, James, duke of York and Albany :" 

" May it please your royal highness, 
" We should be very unworthy of the great 
benefits and advantages we have received under 
your just and gentle government, in so happy a 
climate, where every one enjoys his own just rights, 
liberties, and privileges, if we should still ungrate- 
fully continue in a silent neglect of a due acknow- 
ledgment of your royal highness, so often. 

" We do, therefore, beseech your royal highness 
to accept our most humble and most hearty thanks, 
for sending us over the honourable colonel Thomas 

* The petition to his royal highness was drawn by the council, the aldermen of 
New- York, and the justices of the peace at the court of assize, the 29th of June, 
1681. I have seen a copy in the hands of Lewis Morris, Esq. It contain? 
many severe reflections upon the tyranny of Sir Fdmond Andross. 



68 HISTORY OF ^EW-YORK. 

Dongan, to be lieutenant and governor of this 
province, of whose integrity, justice, equity, and 
prudence, we have ah*eady had a very yufficient 
experience at our last general court of assizes. 
And that your royal highness might accumulate 
your gracious favours, and oblige nut only us but 
succeeding generations, it has pleased your royal 
highness to grant us a general assembly, to be held 
the 17th of this instant October, in your city of 
New- York ; a benevolence of which we have a 
larger and more grateful sense than can be ex- 
pressed in this paper. And that it may appear that 
loyalty has spread as far into these parts of America, 
we will be always ready to offer up with our hearty 
prayers, both our lives and fortunes, for the defence 
of our most gracious sovereign, the king's most 
sacred majesty, and your royal highness, against all 
enemies whatsoever. 

« Neio-York, October 9th, 1683." 

It would have been impossible for him much 
longer to have maintained the old model over free 
subjects, who had just before formed themselves 
into a colony for the enjoyment of their liberties, 
and had even already solicited the protection of the 
colony of Connecticut, from whence the greatest 
part of them came. Disputes relating to the limits 
of certain townships at the east end of Long Island, 
sowed the seeds of enmity against Dongan, so 
deeply in the hearts of many who were concerned 
in them, that their representation to Connecticut, 
at the revolution, contains the bitterest invectives 
against him. 



HISTORY OF NEW-YORK. 69 

Dongan surpassed all his predecessors, in a due 
attention to our affairs with the Indians, by whom 
he was highly esteemed. It must be remembered 
to his honour, that though he was ordered by the 
duke to encourage the French priests, who were 
come to reside among the natives, under pretence 
of advancing the Popish cause, but in reality to gain 
them over to a French interest ; yet he forbid the 
Five Nations to entertain them. The Jesuits, how- 
ever, had no small success. Their proselytes are 
called Praying Indians, or Caghnuagaes^ and reside 
now in Canada, at the Fall of St. Louis, opposite to 
Montreal. This village was begun in 1671, and 
consists of such of the Five Nations, as have for- 
merly been drawn away by the intrigues of the 
French priests, in the times of Lovelace and 
Andross, who seem to have paid no attention to our 
Indian aflfairs.* It was owing to the instigation 
also of these priests, that the Five Nations about 
this time, committed hostilities on the back parts 
of Maryland and Virginia, which occasioned a grand 
convention at Albany, in the year 1684. Lord 
Howard of Effingham, the governor of Virginia, 
was present, and made a covenant with them for 
preventing further depredations, towards the ac- 
complishment of which Colonel Dongan was very 
instrumental. t Doctor Colden has published this 
treaty at large, but as it has no immediate connec- 
tion with the aflfairs of this province, I beg leave to 

* Of late, some others of the Confederates have been allured to settle at Os- 
wegatchi, called by the French, la Gallette, near fift}^ miles below Frontenac. 
General Sliirley's emissaries from Oswego, in 1755, prevailed with several of 
these families to return to their old habitations. 

* This covenant was ratified in 16S5, and at several times since. 



70 HISTORY OF NEW-YORK. 

refer the reader for a full account of it to his His- 
tory of the Five Nations. 

While Lord Howard was at Albany, a messenger 
from De la Barre, then governor of Canada, arrived 
there, complaining of the Seneca Indians, for in- 
terrupting the French in their trade with the more 
distant Indians, commonly included among us by 
the general name of the Far Nations.* Colonel 
Dongan, to whom the message was sent, commu- 
nicated it to the Senecas, who admitted the charge, 
but justified their conduct, alleging, that the French 
supplied arms and ammunition to the Twightwies,t 
with whom they were then at war. De la Barre, at 
the same time, meditating nothing less than the total 
destruction of the Five Nations, proceeded with an 
army of 1,700 men to the Lake Ontario. Mighty 
preparations were made to obtain the desired suc- 
cess : fresh troops were imported from France, and 
a letter procured from the duke of York to colonel 
Dongan, commanding him to lay no obstacles in 
the way. The officers posted in the out forts, even 
as far as Messilimakinac, were ordered to rendezvous 
at Niagara, with all the Western Indians they could 
engage. Dongan, regardless of the duke's orders, 
apprised the Indians of the French designs, and 
promised to assist them. After six weeks delay at 
Fort Frontenac, during which time a great sickness, 
occasioned by bad provisions, broke out in the 
French army, De la Barre found it necessary to 

* By the Far Nations, are meant all those numerous tribes inhabiting the 
countries on both sides of the lakes Huron and Erie, westv/ard as far as the 
Missisippi, and the southern country along the banks of the Ohio, and its 
branches. 

T By the French called IVIiavnies. 



HISTORY OF NEW- YORK. 71 

conclude the campaign with a treaty, for which 
purpose he crossed the lake, and came to the place 
which, from the distress of his army, was called la 
Famine. Dongan sent an interpreter among the 
Indians, by all means to prevent them from attend- 
ing the treaty. The Mohawks and Senecas ac- 
cordingly refused to meet De la Barre, but the 
Oneidas, Onondagas, and Cayugas, influenced by 
the missionaries, were unwilling to hear the inter- 
preter, except before the priests, one La Maine, 
and three other Frenchmen, and afterwards waited 
upon the French governor. Two days after their 
arrival in the camp, Monsieur De la Barre address- 
ing himself to Garrangula, an Onondaga chief, 
made the following speech, the Indians and French 
officers at the same time forming a circle round 
about him. % 

" The king, my master, being informed that the 
Five Nations have often infringed the peace, has 
ordered me to come hither with a guard, and to 
send Ohguesse to the Onondagas, to bring the 
chief sachems to my camp. The intention of the 
great king is, that you and I may smoke the calumet 
of peace together ; but on this condition, that you 
promise me, in the name of the Senecas, Cayugas, 
Onondagas, and Mohawks, to give entire satisfac- 
tion and reparation to his subjects, and for the 
future, never to molest them. 

" The Senecas, Cayugas, Onondagas, Oneidas, and 
Mohawks, have robbed and abused all the traders 
that were passing to the Illinois and Miamies, and 
other Indian nations, the children of my king. They 
have acted on these occasions, contrary to the treaty 



72 HISTORY OP NEW-YORK. 

of peace with my predecessor. I am ordered, there- 
fore, to demand satisfaction, and to tell them, that 
in case of refusal, or their plundering us any more, 
that I have express orders to declare war. This 
belt confirms my words. The warriors of the Five 
Nations have conducted the English into the lakes, 
which belong to the king, my master, and brought 
the English among the nations that are his children, 
to destroy the trade of his subjects, and to withdraw 
these nations from him. They have carried the 
English thither, notwithstanding the prohibition of 
the late governor of New-York, who foresaw the 
risk that both they and you would run. I am wil- 
ling to forget those things, but if ever the like shall 
happen for the future, I have express orders to 
declare war against you This belt confirms my 
wclirds. Your warriors have made several barbarous 
incursions on the Illinois and Miamies ; they have 
massacred men, women, and children, and have 
made many of these nations prisoners, who thought 
themselves safe in their villages in time of peace ; 
these people, who are my king's children, must not 
be your slaves ; you must give them their liberty, 
and send them back into their own country. If the 
Five Nations shall refuse to do this, I have express 
orders to declare war against them. This belt con- 
firms my words. 

" This is what I have to say to Garrangula, that 
he may carry to the Senecas, Onondagas, Oneidas, 
Cayugas, and Mohawks, the declaration which the 
king, my master, has commanded me to make. He 
doth not wish them to force him to send a great army 
to Cadaracqui Fort, to begin a war, which must be 



HISTORY OP NEW-YORK. 73 

fatal to them. He would be sorry that this fort, 
that was the work ofpcace, aliould become the prison 
of your warriors. Wo must endeavour, on both 
sides, to prevent such misfortunes. The French, 
who are the brethren and friends of the Five Na- 
tions, will never trouble their repose, provided that 
the satisfaction which I demand, be given ; and that 
the treaties of peace be hereafter observed. I shall 
be extremely grieved, if my words do not produce 
the effect which I expect from them ; for then I 
shall be obliged to join with the governor of New- 
York, who is commanded by his master to assist 
me, and burn the castles of the Five Nations, and 
destroy you. This belt confirms my words. 

Garrangula heard these threats with contempt, 
because he had learnt the distressed state of the 
French army, and knew that they were incapable 
of executing the designs with which they set out ; 
and, therefore, after walking five or six times round 
the circle, he answered the French governor, who 
sat in an elbow chair, in the following strain : 

" Yonnondio, I honour you, and the warriors that 
are with me likewise honour you^ Your interpreter 
has finished your speech ; I now begin mine. My 
words make haste to reach your ears : hearken to 
them. 

" Yonnondio, you must have believed, when you 
left Quebec, that the sun had burnt up all the 
forests, which render our country inaccessible to 
the French, or that the lakes had so far overflown 
the banks, that they had surrounded our castles, 
and that it was impossible for us to get out of them. 
Yes, Yonnondio, surely you must have dreamt so, 
VOL. i.~10 



74 HISTORY OF NEW-YORK. 

and the curiosity of seeing so great a wonder has 
brought you so far. Now you are undeceived, since 
that I and the warriors here present, are come to 
assure you, that the Senecas, Cayugas, Onondagas, 
Oneidas, and Mohawks, are yet alive. I thank 
you, in their name, for bringing back into their 
country the calumet, which your predecessor re- 
ceived from their hands. It was happy for you, 
that you left under ground that murdering hatchet 
that has been so often dyed in the blood of the 
French. Hear, Yonnondio, I do not sleep, I have 
my eyes open, and the sun, which enlightens me, 
discovers to me a great captain at the head of a 
company of soldiers, who speaks as if he were 
dreaming. He says that he only came to the lake 
to smoke on the great calumet with the Onondagas. 
But Garrangula says, that he sees the contrary, 
that it was to knock them on the head, if sickness 
had not weakened the arms of the French. 

" I see Yonnondio raving in a camp of sick men, 
whose lives the great spirit has saved by inflicting 
this sickness on them. Hear, Yonnondio, our women 
had taken their clubs, our children and old men had 
carried their bows and arrows into the heart of your 
camp, if our warriors had not disarmed them, and 
kept them back, when your messenger, Ohguesse, 
came to our castles. It is done, and I have said it. 
Hear, Yonnondio, we plundered none of the French, 
but those that carried guns, powder, and ball to the 
Twightwies and Chictaghicks, because those arms 
might have cost us our lives. Herein we follow the 
example of the Jesuits, who stave all the kegs of 
rum brought to our castles, lest the drunken Indians 



JllSTORY OF NEW-YOKK. 75 

should knock them on the head. Our warriors have 
not beaver enough to pay for all these arms that 
they have taken, and our old men are not afraid of 
the war. This belt preserves my words. 

" We carried the English into our lakes to trade 
there with the Utawawas and Quatoghies, as the 
Adirondacks brought the French to our castles, to 
carry on the trade, which the English say is theirs. 
We are born free ; we neither depend on Yonnondio 
nor Corlear. 

" We may go where we please, and carry with 
us whom we please, and buy and sell what we 
please : if your allies be your slaves, use them as 
such, command them to receive no other but your 
people. This belt preserves my words. 

" We knocked the Twightwies and Chictaghicks 
on the head, because they had cut down the trees of 
peace, which were the limits of our country. They 
have hunted beavers on our lands : they have acted 
contrary to the customs of all Indians ; for they left 
none of the beavers alive, they killed both male and 
female. They brought the Satanas* into the coun- 
try to take part with them, after they had concerted 
ill designs against us. We have done less than 
either the English or French, that have usurped the 
lands of so many Indian nations, and chased them 
from their own country. This belt preserves my 
words. 

" Hear, Yonnondio, what I say is the voice of all 
the Five Nations. Hear what they answer — open 
your ears to what they speak. The Senecas, Cayu- 

* Bv the Frpnrli called Sinniinons. 



76 HISTORY OF NEW-YORK. 

gas, Onondagas, Oneidas, and Mohawks say, that 
when they buried the hatchet at Cadaracqui, (in the 
presence of your predecessor,) in the middle of the 
fort, they planted the tree of peace in the same 
place, to be there carefully preserved, that, in place 
of a retreat for soldiers, that fort might be a ren- 
dezvous for merchants : that in place of arms and 
ammunition of war, beavers and merchandise should 
only enter there. 

" Hear, Yonnondio, take care for the future, that 
so great a number of soldiers as appear there do not 
choke the tree of peace planted in so small a fort. 
It will be a great loss, if, after it had so easily taken 
root, you should stop its growth and prevent its 
covering your country and ours with its branches. 
I assure you, in the name of the Five Nations, that 
our warriors shall dance to the calumet of peace 
under its leaves, and shall remain quiet on their 
matts, and shall never dig up the hatchet till their 
brother Yonnondio or Corlear shall either jointly or 
separately endeavour to attack the country which 
the Great Spirit has given to our ancestors. This 
belt preserves my words, and this other, the autho- 
rity which the Five Nations have given me." 

Then Garrangula, addressing himself to Monsieur 
La Main, said, " Take courage Ohguesse, you have 
spirit, speak, explain my words, forget nothing, tell 
all that your brethren and friends say to Yonnondio, 
your governor, by the mouth of Garrangula, who 
loves you, and desires you to accept of this present 
of beaver and take part with me in my feast, to 
which I invite you. This present of beaver is sent 
to Yonnondio, on the part of the Five Nations.'^ 



HISTORY OF NEW-YORK. 77 

Enraged at this bold reply, De la Barre, as soon 
as the peace was concluded, retired to Montreal, and 
ingloriously finished an expensive campaign, as 
doctor Golden observes, in a scold with an old 
Indian. 

De la Barre was succeeded by the marquis De 
Nonville, colonel of the dragoons, who arrived with 
a reinforcement of troops in 1685. The marquis 
was a man of courage and an enterprising spirit, 
and not a little animated by the consideration that 
he was sent over to repair the disgrace which his 
predecessor had brought upon the French colony. 
The year after his arrival at Quebec, he wrote a 
letter to the minister in France, recommending the 
scheme of erecting a stone fort sufficient to contain 
four or five hundred men, at Niagara, not only to 
exclude the English from the lakes, but to command 
the fur trade and subdue the Five Nations- Dongan, 
who was jealous of his designs, took umbrage at 
the extraordinary supplies sent to Fort Frontenac, 
and wrote to the French governor, signifying 
that if he attacked the Confederates, he would 
consider it as a breach of the peace subsisting 
between the two crowns ; and to prevent his build- 
ing a fort at Niagara, he protested against it, and 
claimed the country as dependent upon the province. 
De Nonville, in his answer, denied that he intended 
to invade the Five Nations, though the necessary 
preparations for that purpose were then carrying 
on, and yet Charlevoix commends him for his piety 
and uprightness, " egalement estimable (says the 
Jesuit,) pour sa valeuvy sa droiturc, et sa 'pieUP 
Colonel Dongan, who knew the importance of our 



78 HISTORY OF NEW-YORK. 

Indian alliance, placed no confidence in the decla- 
rations of the marquis, but exerted himself in pre- 
paring the Confederates for a war ; and the French 
author just mentioned, does him honour, while he 
complains of him as a perpetual obstacle in the way 
of the execution of their schemes. Our allies were 
now triumphing in their success over the Chig- 
taghics, and meditating a war with the Twightwies, 
who had disturbed them in their beaver-hunting. 
De Nonville, to prevent the interruption of the 
French trade with the Twightwies, determined to 
divert the Five Nations, and carry the war into their 
country. To that end, in 1687, he collected two 
thousand troops and six hundred Indians at Mon- 
treal, and issued orders to all the officers in the 
more westerly country, to meet him with additional 
succours at Niagara, on an expedition against the 
Senecas. An English party under one M'Gregory, 
at the same time was gone out to trade on the lakes, 
but the French, notwithstanding the peace then 
subsisting between the two crowns, intercepted 
them, seized their effects and imprisoned their per- 
sons. Monsieur Tonti, commandant among the 
Chictaghics, who was coming to the general's ren- 
dezvous at Niagara, did the like to another English 
party which he met with in lake Erie.* The Five 
Nations, in the mean time, were preparing to give 
the French army a suitable reception. Monsieur 
Companie, with two or three hundred Canadians in 
an advanced party surprised two villages of the 

* Both these attacks were open infractions of tlie treaty at Whitehall, executed 
m November, 1686 ; by whicii it was agreed, that the Indian trade in America, 
shonid he free to (he English and Frpnrh. 



HISTORY OF NEW-YORK. 79 

Confederates, who, at the invitation and on the faith 
of the French, seated themselves down about eight 
leagues from lake Oadaracqui or Ontario. To pre- 
vent their escape with intelligence to their country- 
men, they were carried to the fort, and all but 
thirteen died in torments at the stake, singing with 
an heroic spirit, in their expiring moments, the 
perfidy of the French. The rest, according to the 
express orders of the French king, were sent to 
the galleys in Europe. The marquis having em- 
barked his whole army in canoes, set out from the 
fort at Cadaracqui on the 23d of June, one half of 
them paK*sing along the north, and the other on the 
south side of the lake; and both arrived the same day 
at Tyrondequait, and shortly after set out on their 
march towards the chief village of the Senecas, at 
about seven leagues distance. The main body was 
composed of the regulars and militia ; the front and 
rear of the Indians and traders. The scouts ad- 
vanced the second day of their march, as far as the 
corn of the village, and within pistol-shot of five hun- 
dred Senecas, who lay upon their bellies undisco- 
vered. The French, who imagined the enemy were 
all fled, quickened their march to overtake the women 
and old men. But no sooner had they reached the 
foot of a hill, about a mile from the village, than 
the Senecas raised the war shout, and in the same 
instant charged upon the whole army both in the 
front and rear. Universal confusion ensued. The 
battalions divided, fired upon each other, and flew 
into the wood. The Senecas improved the dis- 
order of the enemy, till they were repulsed by the 
French Indians. According to Charlevoix's ac- 



80 HISTORY OF NEW-YORK. 

count, which may justly be suspected, the enemy 
lost but six men, and had twenty wounded in the con- 
flict. Of the Senecas, he says, sixty were wounded 
and forty-five slain. The marquis was so much dis- 
pirited, that he could not be persuaded to pursue 
the enemy that day ; which gave the Senecas an 
opportunity to burn their village and get off. Two 
old men remained in the castle to receive the gene- 
ral, and regale the barbarity of his Indian allies. 
After destroying the corn in this and several other 
villages, the army retired to the banks of the lake, 
and erected a fort with four bastions on the south- 
east side of the straits at Niagara, in which they 
left one hundred men, under the command of Le 
Chevalier de la Troye, with eight months' provisions; 
but these being closely blocked up, all, except seven 
or eight of them, who were accidentally relieved, 
perished through famine.* Soon after this expedi- 
tion, colonel Dongan met the Five Nations at 
Albany. To what intent, appears from the speech 
he made to them on the 5th of August, which I 
choose to lay before the reader, to show his vigi- 
lance and zeal for the interest of his master, and 
the common weal of the province committed to his 
care. 

" Brethren, I am very glad to see you here in 
this house, and am heartily glad that you have 



* Nothing can be more perfidious and unjust, than this attack upon our 
Confederates. The two crowns had but just concluded a treaty for the preser- 
vation of the peace. La Hontan, one of the French historians censures De 
Nonville's conduct, and admits the British title to the command of the lakes, but 
Charlevoix blames him, as he does Hennepin, De L'Isle, and every other author, 
who confesses the truth, to the prejudice of the ambitious claims of the court 
of France. 



HISTORY OF INEW-YURK. 81 

sustained no greater loss by the French, though I 
believe it was their intention to destroy you all, if 
they could have surprised you in your castles. 

" As soon as I heard their design to war with 
you, I gave you notice, and came up hither myself, 
that I might be ready to give all the assistance and 
advice that so short a time would allow me. 

" I am now about sending a gentleman to Eng- 
land, to the king, my master, to let him know, that 
the French have invaded his territories on this side 
of the great Lake, and warred upon the brethren, 
his subjects. I, therefore, would willingly know, 
whether the brethren have given the governor of 
Canada any provocation or not ; and if they have, 
how, and in what manner ; because I am obliged to 
give a true account of this matter. This business 
may cause a war between the king of England, and 
the French king, both in Europe and here, and 
therefore I must know the truth. 

" I know the governor of Canada dare not enter 
into the king of England's territories, in a hostile 
manner, without provocation, if he thought the 
brethren were the king of England's subjects ; but 
you have, two or three years ago, made a covenant- 
chain with the French, contrary to my command, 
which I knew could not hold long, being void of 
itself among Christians ; for as much as subjects 
(as you are) ought not to treat with any foreign 
nation, it not lying in your power. You have 
brought this trouble on yourselves, and, as I believe, 
this is the only reason of their falling on you at this 
time. 

VOL. I. — 11 



82 HISTORY OF NEW-YORK. 

" Brethren, I took it very ill, that after you had 
put yourselves into the number of the great king of 
England's subjects, you should ever offer to make 
peace or war, without my consent. You know that 
we can live without you, but you cannot live with- 
out us ; you never found that I told you a lie, and I 
offered you the assistance you wanted, provided 
that you would be advised by me ; for I know the 
French better than any of you do. 

" Now since there is a war begun upon you by 
the governor of Canada, I hope without any provo- 
cation by you given, I desire and command you, 
that you hearken to no treaty but by my advice ; 
which if you follow, you shall have the benefit of 
the great chain of friendship between the great 
king of England, and the king of France, which 
came out of England the other day, and which I 
have sent to Canada by Anthony le Junard ; in the 
mean time, I will give you such advice as will be 
for your good ; and will supply you with such 
necessaries as you will have need of. 

" 1st. My advice is, as to what prisoners of the 
French you shall take, that you draw not their 
blood, but bring them home, and keep them to 
exchange for your people, which they have prisoners 
already, or may take hereafter. 

** 2dly. That, if it be possible that you can order 
it so, I would have you take one or two of your 
wisest sachems, and one or two of your chief 
captains of each nation, to be a council to manage 
all affairs of the war. They to give orders to the 
rest of the officers what they are to do, that your 



HISTORY OF NEW-YORK. 83 

designs may be kept private ; for after it comes 
among so many people, it is blazed abroad, and your 
designs are often frustrated ; and those chief men 
should keep a correspondence with me by a trusty 
messenger. 

" 3dly. The great matter under consideration 
with the brethren is, how to strengthen themselves, 
and weaken their enemy. My opinion is, that the 
brethren should send messengers to the Utawawas, 
Twightwies, and the farther Indians, and to send 
back likewise some of the prisoners of these na- 
tions, if you have any left, to bury the hatchet, and 
to make a covenant-chain, that they may put away 
all the French that are among them, and that you 
will open a path for them this way (they being the 
king of England's subjects likewise, though the 
French have been admitted to trade with them ; for 
all that the French have in Canada, they had it of 
the great king of England,) that, by that means, 
they may come hither freely, where they may have 
every thing cheaper than among the French : that 
you and they may join together against the French, 
and make so firm a league, that whoever is an 
enemy to one, must be to both. 

" 4thly. Another thing of concern is, that you 
ought to do what you can to open a path for all the 
north Indians and Mahikanders that are among the 
Utawawas and further nations. I will endeavour to 
do the same to bring them home. For, they not 
daring to return home your way, the French keep 
them there on purpose to join with the other nations 
against you, for your destruction ; for you know that 
one of them is worse than six of the others ; there- 



84 HISTORY OF NFAV-YORK. 

fore all means must be used to bring them home, 
and use them kindly as they pass through your 
country. 

"5thl3'. My advice further is, that messengers 
go, in behalf of all the Five Nations, to the Christian 
Indians at Canada, to persuade them to come home 
to their native country. This will be another great 
means to weaken your enemy ; but if they will not 
be advised, you know what to do with them. 

*' 6thly. I think it very necessary, for the bre- 
thren's security and assistance, and to the enda- 
maging the French, to build a fort upon the lake, 
where I may keep stores and provisions in case of 
necessity ; and therefore I would have the brethren 
let me know what place will be most convenient 
for it. 

" 7thly. I would not have the brethren keep their 
corn in their castles, as I hear the Onondagas do, 
but bury it a great way in the woods, where few 
people may know where it is, for fear of such an 
accident as has happened to the Senecas. 

" 8thly. I have given my advice in your general 
assembly, by Mr. Dirk Wessels and Akus, the 
interpreter, how you are to manage your parties, 
and how necessary it is to get prisoners, to exchange 
for your own men that are prisoners with the French, 
and I am glad to hear that the brethren are so 
united as Mr. Dirk Wessels tells me you are, and 
that there was no rotten members nor French spies 
among you. 

" 9thly. The brethren may remember my advice, 
which I sent you this spring, not to go to Cada- 
racqui ; if you had, they would have served you, as 



IIISTOUY OF NEW-YORK. 85 

they did your people that came from hunting thither, 
for I told you that I knew the French better than 
you did. 

" lOthly. There was no advice or proposition 
that I made to the brethren all the time that the 
priest lived at Onondaga, but what he wrote to 
Canada, as I found by one of his letters, which he 
gave to an Indian to carry to Canada, but which 
was brought hither ; therefore, I desire the brethren 
not to receive him, or any French priest any more, 
having sent for English priests, with whom you 
may be supplied to your content. 

**llthly. I would have the brethren look out 
sharp, for fear of being surprised. I believe all the 
strength of the French will be at their frontier 
places, viz. at Cadaracqui and Oniagara, where they 
have built a fort now, and at Trois Rivieres, Mon- 
treal, and Chambly. 

" 12thly. Let me put you in mind again, not to 
make any treaties without my means, which will be 
more advantageous for you, than your doing it by 
yourselves, for then you will be looked upon as the 
king of England's subjects ; and let me know, from 
time to time, every thing that is done. 

" Thus far I have spoken to you relating to the 
war." 

Not long after this interview, a considerable 
party of Mohawks and Mahikanders, or River In- 
dians, beset Fort Chambly, burnt several houses, 
and returned with many captives to Albany. Forty 
Onondagas, about the same time, surprised a few 
soldiers near Fort Frontenac, whom they confined 
instead of the Indians sent home to the galleys, 



86 HISTORY OF NEW- YORK. 

notwithstanding the utmost address was used to 
regain them, by Lamberville, a French priest, who 
delivered them two belts, to engage their kindness 
to the prisoners, and prevent their joining the 
quarrel with the Senecas. The belts being sent to 
colonel Dongan, he wrote to De Nonville, to demand 
the reason of their being delivered. Pere le Vail- 
lant was sent here about the beginning of the year 
1688, under colour of bringing an answer, but in 
reality as a spy. Colonel Dongan told him, that 
no peace could be made with the Five Nations, 
unless the Indians sent to the Galleys, and the 
Caghnuaga proselytes were returned to their re- 
spective cantons, the forts at Niagara and Frontenac 
razed, and the Senecas had satisfaction made them 
for the damage they had sustained. The Jesuit, in 
his return, was ordered not to visit the Mohawks. 

Dongan, who was fully sensible of the importance 
of the Indian interest to the English colonies, was 
for compelling the French to apply to him in all 
their affairs with the Five Nations ; while they, on 
the other hand, were for treating with them inde- 
pendent of the English. For this reason, among 
others, he refused them the assistance they fre- 
quently required, till they acknowledged the de- 
pendence of the Confederates on the English crown. 
King James, a poor bigotted, popish, priest-ridden 
prince, ordered his governor to give up this point, 
and to persuade the Five Nations to send messen- 
gers to Canada, to receive proposals of peace from 
the French. For this purpose, a cessation of arms 
and mutual re-delivery of prisoners was agreed upon. 
Near 1,200 of the Confederates attended this ne- 



HISTORY OF NEW-YORK. 87 

gotiation at Montreal, and in their speech to De 
Nonville, insisted with great resolution, upon the 
terms proposed by colonel Dongan to father Le 
Vaillant. The French governor declared his wil- 
lingness to put an end to the war, if all his allies 
might be included in the treaty of peace, if the 
Mohawks and Senecas would send deputies to 
signify their concurrence, and the French might 
supply Fort Frontenac with provisions. The Con- 
federates, according to the French accounts, acceded 
to these conditions, and the treaty was ratified in 
the field. But a new rupture not long after ensued, 
from a cause entirely unsuspected. The Dinon- 
dadies had lately inclined to the English trade at 
Missilimakinac, and their alliance was therefore 
become suspected by the French. Adario, their 
chief, thought to regain the ancient confidence, 
which had been reposed in his countrymen, by a 
notable action against the Five Nations ; and for 
that purpose put himself at the head of one hundred 
men. Nothing was more disagreeable to him, than 
the prospect of peace between the French and the 
Confederates ; for that event would not only render 
the amity of the Dinondadies useless, but give the 
French an opportunity of resenting their late fa- 
vourable conduct towards the English. Impressed 
with these sentiments, out of affection to his country, 
he intercepted the ambassadors of the Five Nations, 
at one of the falls in Cadaracqui river, killed some, 
and took others prisoners, telling them that the 
French governor had informed him, that fifty war- 
riors of the Five Nations were coming that way. As 
the Dinondadies and Confederates were then at war. 



88 HISTORY OF NEW-YORK. 

the ambassadors were astonished at the perfidy of 
the French governor, and could not help commu- 
nicating the design of their journey. Adario, in 
prosecution of his crafty scheme, counterfeited the 
utmost distress, anger, and shame, on being made 
the ignominious tool of De Nonville's treachery, 
and addressing himself to Dekanesora, the principal 
ambassador, said to him, " Go, my brethren, 1 untie 
your bonds, and send you home again, though our 
nations be at war. The French governor has made 
me commit so black an action, that I shall never be 
easy after it, till the Five Nations shall have taken 
full revenge." This outrage and indignity upon the 
rights of ambassadors, the truth of which they did 
not in the least doubt, animated the Confederates 
to the keenest thirst after revenge ; and, accordingly, 
1,200 of their men, on the 26th of July, 1688, landed 
on the south side of the island of Montreal, while 
the French were in perfect security , burnt their 
houses, sacked their plantations, and put to the 
sword all the men, women, and children, without 
the skirts of the town. A thousand French were 
slain in this invasion, and twenty-six carried into 
captivity, and burnt alive. Many more were made 
prisoners in another attack in October, and the 
lower part of the island wholly destroyed. Only 
three of the Confederates were lost, in all this scene 
of misery and desolation.* 

Never before did Canada sustain such a heavy 

* I have followed Dr. Colden in the account of this attack, who differs from 
Charlevoix. That Jesuit tells us, that tlie invasion was late in August, and the 
Indians 1500 strong ; and as to the loss of the Frencli, he diminishes it only Ir, 
two hundred souls. 



HISTORY OF NEW-YORK. 89 

blow. The news of this attack on Montreal no 
sooner reached the garrison at the Lake Ontario, 
than they set fire to the two barks, which they had 
built there, and abandoned the fort, leaving a match 
to twenty-eight barrels of powder, designed to blow 
up the works. The soldiers went down the river 
in such precipitation, that one of the battoes and 
her crew were all lost in shooting a fall. The 
Confederates, in the mean time, seized the fort, the 
powder, and the stores ; and of all the French allies, 
who were vastly numerous, only the Nepicirinians 
and Kiapous adhered to them in their calamities. 
The Utawawas, and seven other nations, instantly 
made peace with the English ; and but for the un- 
common sagacity and address of the Sieur Perot, 
the Western Indians would have murdered every 
Frenchman amongst them. Nor did the distresses 
of the Canadians end here. Numerous scouts from 
the Five Nations, continually infested their borders. 
The frequent depredations that were made, pre- 
vented them from the cultivation of their fields, and 
a distressing famine raged through the whole coun- 
try. Nothing but the ignorance of the Indians, in 
the art of attacking fortified places, saved Canada 
from being now utterly cut off. It was, therefore, 
unspeakably fortunate to the French, that the In- 
dians had no assistance from the English, and as 
unfortunate to us, that our colonies were then in- 
capable of affording succours to the Confederates, 
through the malignant influence of those execrable 
measures, which were pursued under the infamous 
reign of king James the second. Colonel Dongan, 
whatever his conduct might have been in civil affairs, 
VOL. I, — T2 



90 HISTORY OF NEW-YORK. 

did all that he could in those relating to the In- 
dians, and fell at last into the king's displeasure, 
through his zeal for the true interest of the province. 
-^\ While these things were transacting in Canada, 
a scene of the greatest importance was opening at 
New- York. A general disaffection to the govern- 
ment prevailed among the people Papists began 
to settle in the colony under the smiles of the go- 
vernor. The collector of the revenues, and several 
principal officers, threw off the mask, and openly 
avowed their attachment to the do( trines of Rome. 
A Latin school was set up, and the teacher strongly 
suspected for a Jesuit. The people of Long Island, 
who were disappointed in their expectation of mighty 
boons promised by the governor on his arrival, 
were become his personal enemies ; and in a word, 
the whole body of the people trembled for the 
Protestant cause. Here the leaven of opposition 
first began to work. Their intelligence from Eng- 
land, of the designs there in favour of the prince of 
Orange, blew up the coals of discontent, and elevated 
the hopes of the disaffected. But no man dared to 
spring into action, till after the rupture in Boston. 
Sir Edmund Andross, who was perfectly devoted 
to the arbitrary measures of king James, by his 
tyranny in New-England, had drawn upon himself 
the universal odium of a people, animated with the 
love of liberty, and in the defence of it resolute and 
courageous ; and, therefore when they could no 
longer endure his despotic rule, they seized and 
imprisoned him, and afterwards sent him to Eng- 
land. The government, in the mean time, was 
vested in the hands of a committee for the safety 



HISTORY OF NEW-YORK. 91 

of the people, of which Mr. Bradstreet was chosen 
presid(;nt. Upon the news of this event, several 
captains of our militia convened themselves to con- 
cert measures in favour of the prince of Orange. 
Amongst these, Jacob Leisler was the most active. 
He was a man in tolerable esteem among the 
people, and of a moderate fortune, but destitute of 
every qualification necessary for the enterprise. 
Milborne, his son-in-law, an Englishman, directed 
all his councils, while Leisler as absolutely influ- 
enced the other officers. 

The first thing they contrived, was to seize the 
garrison in New- York ; and the custom, at that 
time, of guarding it every night by the militia, gave 
Leisler a fine opportunity of executing the design. 
He entered it with forty-nine men, and determined 
to hold it till the whole militia should join him. 
Colonel Dongan, who was about to leave the pro- 
vince, then lay embarked in the bay, having a little 
before resigned the government to Francis Nichol- 
son, the lieutenant-governor. The council, civil 
officers, and magistrates of the city, were against 
Leisler, and therefore many of his friends were 
at first fearful of openly espousing a cause disap- 
proved by the gentlemen of figure. For this reason, 
Leisler's first declaration in favour of the prince 
of Orange, was subscribed only by a few, among 
several companies of the trained bands. While the 
people, for four days successively, were in the 
utmost perplexity to determine what part to choose, 
being solieiied by Leisler on the one hand, and 
threatened by the lieutenant-governor on the other, 
the town was alarmed with a report, that three 



92 HISTORY OP NEW-YORK. 

ships were coming up with orders from the prince 
of Orange. This falsehood was very seasonably 
propagated to serve the interest of Leisler; for on 
that day, the 3d of June, 1689, his party was aug- 
mented by the addition of six captains and four 
hundred men in New- York, and a company of 
seventy men from East- Chester, who all subscribed 
a second declaration,* mutually covenanting to hold 
the fort for the prince. Colonel Dongan continued 
till this time in the harbour, waiting the issue of 
these commotions ; and Nicholson's party, being 
now unable to contend with their opponents, were 
totally dispersed, the lieutenant-governor himself 
absconding, the very night after the last declaration 
was signed. 

Leisler being now in complete possession of the 
fort, sent home an address to king William and 
queen Mary, as soon as he received the news of 
their accession to the throne. It is a tedious, in- 
correct, ill-drawn narrative of the grievances which 
the people had endured, and the methods lately 
taken to secure themselves, ending with a recog- 
nition of the sovereignty of the king and queen over 
the whole English dominions. 

This address was soon followed by a private letter 
from Leisler to king William, which, in very broken 
English, informs his majesty of the state of the 
garrison, the repairs he had made to it, and the 
temper of the people, and concludes with strong 
protestations of his sincerity, loyalty, and zeal, 
.f ost Stoll, an ensign, on the delivery of this letter 

* See note I. 



HISTORY OP NEW-YORK. 93 

to the king, had the honour to kiss his majesty's 
hand, but Nicholson, the lieutenant-governor, and 
one Ennis, an episcopal clergyman, arrived in 
England before him ; and by falsely representing 
the late measures in New-York, as proceeding 
rather from their aversion to the Church of England, 
than zeal for the prince of Orange, Leisler and his 
party missed the rewards and notice, which their 
activity for the revolution justly deserved. For 
though the king made Stoll the bearer of his thanks 
to the people for their fidelity, he so little regarded 
Leisler's complaints against Nicholson, that he was 
soon after preferred to the government of Virginia. 
Dongan returned to Ireland, and it is said succeeded 
to the earldom of Limerick. 

Leisler's sudden investiture with supreme power 
over the province, and the probable prospects of 
king William's approbation of his conduct, could 
not but excite the envy and jealousy of the late 
council and magistrates, who had refused to join 
in the glorious work of the revolution ; and hence 
the spring of all their aversion, both to the man 
and his measures. Colonel Bayard, and Courtland, 
the mayor of the city, were at the head of his op- 
ponents, and finding it impossible to raise a party 
against him in the city, they very early retired to 
Albany, and there endeavoured to foment the oppo- 
sition. Leisler, on the other hand, fearful of their 
influence, and to extinguish the jealousy of the 
people, thought it prudent to admit several trusty 
persons to a participation of that power, which the 
militia, on the 1st of July, had committed solely to 
himself. In conjunction with these, (who, after the 



94 HISTORY OF NEW-YORK. 

Boston example, were called The Committee of 
Safety,) he exercised the government, assuming to 
himself only, the honour of being president in their 
councils. This model continued till the month of 
December, when a packet arrived with a letter from 
the lords Carmarthen, Halifax, and others, directed 
" To Francis Nicholson, Esq., or in his absence, to 
such as for the time being, take care for preserving 
the peace and administering the laws, in their ma- 
jesties' province of New- York, in America." This 
letter was dated the 29th of July, and was accom- 
panied with another from lord Nottingham, dated 
the next day, which after empowering Nicholson to 
take upon him the chief command, and to appoint 
for his assistance as many of the principal free- 
holders and inhabitants as he should think fit, 
requiring also " to do every thing appertaining to the 
office of lieutenant-governor, according to the laws 
and customs of New- York, until further orders." 

Nicholson being absconded when this packet 
came to hand, Leisler considered the letter as 
directed to himself, and from this time issued all 
kinds of commissions in his own name, assuming 
the title, as well as authority, of lieutenant-governor. 
On the 11th of December, he summoned the Com- 
mittee of Safety, and agreeable to their advice, 
swore the following persons for his council : — 
Peter de Lanoy, Samuel Staats, Hendrick Jansen, 
and Johannes Vermilie, for New- York ; Gerardus 
Beekman, for King's County ; for Queen's County, 
Samuel Edsel; Thomas Williams, for West Chester, 
and William Lawrence, for Orange County. 

Except the eastern inhabitants of Long Island, 



HISTORY OP NEW-YORK. 95 

all the southern part of the colony cheerfully sub- 
mitted to Leisler's command. The principal free- 
holders, however, by respectful letters, gnve him 
hopes of their submission, and thereby prevented 
his betaking himself to arms, while they were pri- 
vately soliciting the colony of Connecticut to take 
them under its jurisdiction. They had, indeed, no 
aversion to Leisler's authority, in favour of any 
other party in the province, but were willing to be 
incorporated with a people, from whence they had 
originally colonised ; and, therefore, as soon as 
Connecticut declined their request, they openly 
appeared to be advocates for Leisler. At this 
juncture the Long Island representation was drawn 
up, which I have more than once had occasion to 
mention. 

The people of Albany, in the mean time, were 
determined to hold the garrison and city for king 
William, independent of Leisler, and on the '26\h. 
of October, which was before the packet arrived 
from lord Nottingham, formed themselves into a 
convention for that purpose. As Leisler's attempt 
to reduce this country to his command, was the 
original cause of the future divisions in the province, 
and in the end brought about his own ruin, it may not 
be improper to see the resolution of the convention, 
a copy of which was sent down to him, at large. 

" Peter Schuyler, Mayor; Dirk Wessels, Re- 
corder ; Jan Wendal, Jan Jansen Bleeker, 
Claes Ripse, David Schuyler, Albert Ryck- 
MAN, Aldermen. Killian V. Renslaer, Justice ; 
Capt. Marte Gerritse, Justice ; Capt. Gerrit 



96 HISTORY OF NEW-YORK. 

Teunisse ; Dirk Teunise, Justice ; Lieut. Ro- 
bert Saunders, John Cuyler, Gerrit Ryerse, 
Evert Banker, Rynier Barentse. 

" Resolved, since we are informed by persons 
coming from New-York, that captain Jacob Leisler 
is designed to send up a company of armed men, 
upon pretence to assist us in this country, who 
intend to make themselves master of their majes- 
ties' fort and this city, and carry divers persons and 
chief officers of this city prisoners to New- York, 
and so disquiet and disturb their majesties' liege 
people, that a letter be writ to alderman Levinus 
Van Schaic, now at New- York, and lieutenant 
Jochim Staets, to make narrow inquiry of the busi- 
ness, and to signify to the said Leisler, that we have 
received such information ; and withal acquaint him, 
that notwithstanding we have the assistance of 
ninety-five men from our neighbours of New- 
England, who are now gone for, and one hundred 
men upon occasion, to command, from the county 
of Ulster, which we think will be sufficient this 
winter, yet we will willingly accept any such assis- 
tance as they shall be pleased to send for the defence 
of their majesties' county of Albany: provided they 
be obedient to, and obey such orders and commands 
as they shall, from time to time, receive from the 
convention ; and that by no means they will be 
admitted to have the command of their majesties' 
fort or this city ; which we intend, by God's assis- 
tance, to keep and preserve for the behoof of their 
majcfsties, William and Mary, king and queen of 
England, as we hitherto have done since their pro- 



HISTORY OF IN EW- YORK. 97 

clamation ; and if you hear that they persevere with 
such intentions, so to disturb the inhabitants of this 
county, that you then, in the name and behalf of the 
convention and inhabitants of the city and county 
of Albany, protest against the said Leisler, and all 
such persons that shall make attempt, for all losses, 
damages, bloodshed, or whatsoever mischiefs may 
ensue thereon ; which you are to communicate with 
all speed, as you perceive their design." 

Taking it for granted that Leisler at New- York, 
and the convention at Albany, were equally affected 
to the revolution, nothing could be more egregiously 
foolish, than the conduct of both parties, who by 
their intestine divisions, threw the province into 
convulsions, and sowed the seeds of mutual hatred 
and animosity, which for a long time after, greatly 
embarrassed the public affairs of the colony. When 
Albany declared for the prince of Orange, there was 
nothing else that Leisler could properly require; 
and rather than sacrifice the public peace of the 
province, to the trifling honour of resisting a man 
who had no evil designs, Albany ought, in prudence, 
to have delivered the garrison into his hands, till the 
king's definitive orders should arrive. But while 
Leisler, on the one hand, was inebriated with his 
new-gotten power, so on the other, Bayer, Court- 
land, Schuyler, and others, could not brook a sub- 
mission to the authority of a man, mean in his 
abilities, and inferior in his degree. Animated by 
these principles, both parties prepared, the one to 
reduce, if I may use the expression, the other to 
retain, the garrison of Albany. Mr. Livingston, a 
vor. I.— 13 



98 HISTORY OF NEW-YORK. 

principal agent for the convention, retired into 
Connecticut, to solicit the aid of that colony, for 
the protection of the frontiers against the French. 
Leisler suspecting that they were to be used against 
him, endeavoured not only to prevent these supplies, 
but wrote letters to have Livingston apprehended as 
an enemy to the reigning powers, and to procure 
succours from Boston, falsely represented the con- 
vention as in the interest of the French and king 
James. 

Jacob Milborne was commissioned for the reduc- 
tion of Albany. Upon his arrival there, a great 
number of the inhabitants armed themselves and 
repaired to the fort, then commanded by Mr. Schuy- 
ler, while many others followed the other members 
of the convention, to a conference with him at the 
city-hall. Milborne, to proselyte the crowd, de- 
claimed much against king James, popery, and 
arbitrary power ; but his oratory was lost upon the 
hearers, who after several meetings, still adhered 
to the convention. Milborne then advanced with a 
few men up to the fort, and Mr. Schuyler had the 
utmost difficulty to prevent both his own men, and 
the Mohawks, who were then in Albany, and per- 
fectly devoted to his service, from firing upon Mil- 
borne's party, which consisted of an inconsider- 
able number. In these circumstances, he thought 
proper to retreat, and soon after departed from 
Albany. In the spring, he commanded another 
party upon the same errand, and the distress of the 
country on an Indian irruption, gave him all the 
desired success. No sooner was he possessed of 
the garrison, than most of the principal members 



HISTORY OF NEW-YORK. 1+9 

of the convention absconded. Upon whicli, their 
effects were arbitrarily seized and confiscated, which 
SO highly exasperated the sufferers, that their pos- 
terity, to this day, cannot speak of these troubles, 
without the bitterest invectives against Leisler and 
all his adherents. 

In the midst of those intestine confusions at 
New- York, the people of New-England were en- 
gaged in a war with the Owenagungas, Ourages, 
and Penocoks. Between these and the Schakook 
Indians, there was then a friendly communication, 
and the same was suspected of the Mohawks, among 
whom some of the Owenagungas had taken sanc- 
tuary. This gave rise to a conference between 
several commissioners from Boston, Plymouth, and 
Connecticut, and the Five Nations, at Albany, in 
September, 1689, the former endeavouring to en- 
gage the latter against those Eastern Indians, who 
were then at war with the New-England colonies. 
Tahajadoris, a Mohawk sachem, in a long oration, 
answered the English message, and however im- 
probable it may seem to Europeans, repeated all 
that had been said the preceding day. Thejart 
they have in assisting their memories is this : — The 
sachem who presides, has a bundle of sticks pre- 
pared for the purpose, and at the close of every 
principal article of the message delivered to them, 
gives a stick to another sachem charging him with 
the remembrance of it. By this means the orator, 
after a previous conference with the Indians, is 
prepared to repeat every part of the message, and 
give it its proper reply. This custom is invariably 
pursued in all their public treaties. 



100 HISTORY OF NEW-YORK. 

The conference did not answer the expectation 
of the people of New-England, the Five Nations 
discovering a great disinclination to join in the 
hostilities against the Eastern Indians. To atone 
for which, they gave the highest protestations of 
their willingness to distress the French, against 
whom the English had declared war on the 7th of 
May preceding. That part of the speech ratifying 
their friendship with the English colonies, is sin- 
gularly expressed. " We promise to preserve the 
chain inviolably, and wish that the sun may always 
shine in peace over all our heads that are compre- 
hended in this chain.* We give two belts. One 
for the sun, and the other for its beams. We make 
fast the roots of the tree of peace and tranquillity 
which is planted in this place. Its roots extend as 
far as the utmost of your colonies. If the French 
should come to shake this tree, we would feel it 
by the motion of its roots, which extend into our 
country. But we trust it will not be in the gover- 
nor of Canada's power to shake this tree, which has 
been so firmly and long planted with us." 

Nothing could have been more advantageous to 
these colonies, and especially to New-York, than the 
late success of the Five Nations against Canada. The 
miseries to which the French were reduced, rendered 
us secure against their inroads, till the work of the 
revolution was in a great measure accomplished; 
and to their distressed condition, we must princi- 
pally ascribe the defeat of the French design, about 

* The Indian conception of the league between them and us, is couched 
under the idea of a chain extended from a ship to a tree, and every renewal of 
this leas^ue they call briafhtenin? the chain. 



HISTORY OF NEW-YORK. 101 

this time, to make a conquest of the province. De 
Calliers, who went to France in 1688, first project- 
ed the scheme* ; and the troubles in England en- 
couraged the French Court to make the attempt. 
Caffiniere commanded the ships, which sailed for 
that purpose from Rochefort ; subject, nevertheless, 
to the Count de Frontenac, who was general of the 
land forces, destined to march from Canada by 
the route of Sorel-River and the Lake Champlain. 
The fleet and troops arrived at Chebucta, the place 
of rendezvous, in September ; from whence th e 
count proceeded to Quebec, leaving orders with 
Cafiiniere to sail for New- York, and continue in 
the bay, in sight of the city, but beyond the fire of 
our cannon, till the first of December: when, if he 
received no intelligence from him, he was ordered 
to return to France, after unlading the ammunition, 
stores, and provisions at Port-Royalf. The count 
was in high spirits, and fully determined upon the 
enterprise, till he arrived at Quebec ; where the 
news of the success of the Five Nations against 
Montreal, the loss of his favourite fort at Lake On- 
tario, and the advanced season of the year, defeated 
his aims, and broke up the expedition. De Nonville 
who was recalled, carried the news of this disap- 
pointment to the court of France, leaving the chief 
command of the country in the hands of Count 

* Charlevoix has published an extract of the memorial presented to the 
French king. The force demanded for this enterprise was to consist of 1,300 
regulars, and 300 Canadians. Albany was said to be fortified only by an 
inclosure of stockadoes, and a little fort with four bastions ; and that it contained 
but 150 soldiers and 300 inhabitants. That New- York the capital of the 
province was open, had a stone fort with four bastions, and about 400 inha- 
bitants, divided into eight companies. 

* Now Annapolis. 



102 HISTORY OF NEW-YORK. 

Frontenac. This gentleman was a man of com'age, 
and well acquainted with the affairs of that country. 
He was then in the sixty-eighth year of his age, and 
yet so far from consulting his ease, that in a fe w 
days after he landed at Quebec, he re-embarked in 
a canoe for Montreal, where his presence was abso- 
lutely necessary, to animate the inhabitants and re- 
gain their Indian alliances. A war, between the 
English and French crowns, being broke out, the 
count betook himself to every art, for concluding a 
peace between Canada and the Five Nations ; and 
for this purpose, the utmost civilities were shown 
to Taweraket and the other Indians, who had been 
sent to France by De Nonville, and were now 
returned. Three of those Indians, who doubtless 
were struck with the grandeur and glory of the 
French monarch, were properly sent on the im- 
portant message of conciliating the friendship of 
the Five Nations. These, agreeable to our alli- 
ance, sent two sachems to Albany, in December, 
with notice, that a council for that purpose was to 
be held at Onondaga. It is a just reflection upon 
the people of Albany, that they regarded the treaty 
so slightly, as only to send four Indians and the in- 
terpreter with instructions, in their name, to dis- 
suade the Confederates from a cessation of arms ; 
while the French, on the other hand, had then a 
Jesuit among the Oneidas. The council began 
on the 22d of January 1690, and consisted of eighty 
sachems. Sadekanaghtie, an Onondaga chief, 
opened the conference. The whole was managed 
with great art and formality, and concluded in 
showing a disposition to make a peace with the 



HISTORY OF NEW- YORK. 103 

French, without perfecting it ; guarding, at the sam c 
time, against giving the least umbrage to the Eng- 
lish. 

Among other measures to detach the Five Na- 
tions from the British interest, and raise the de- 
pressed spirit of the Canadians, the Count de Fron- 
tenac thought proper to send out several parties 
against the English colonies. D'Aillebout, De 
Mantel, and Le Moyne, commanded that against 
New- York, consisting of about two hundred French 
and some Caghnuaga Indians, who being prose- 
lytes from the Mohawks, were perfectly acquainted 
with that country. Their orders were, in general, 
to attack New- York; but pursuing the advice of 
the Indians, they resolved instead of Albany, to 
surprise Schenectady, a village seventeen miles 
north-west from it, and about the same distance 
from the Mohawks. The people of Schenectady 
though they had been informed of the designs of the 
enemy, were in the greatest security ; judging it 
impracticable for any men to march several hundred 
miles in the depth of winter, through the snow, 
bearing their provisions on their backs. Besides, 
the village was in as much confusion as the rest of 
the province ; the officers who were posted there, be- 
ing unable to preserve a regular watch, or any kind 
of military order. Such was the state of Schenec- 
tady, as represented by colonel Schuyler, who was 
at that time mayor of the city of Albany, and at the 
head of the Convention. A copy of his letter to the 
neighbouring colonies, concerning this descent upon 
Schenectady, dated the 15th of February, 1689-90, 
I have now lying before me, under his own hand. 



104 HISTORY OF NEW- YORK. 

After two and twenty days' march, the enemy fell 
in with Schenectady, on the 8th of February ; 
and were reduced to such straits, that they had 
thoughts of surrendering themselves prisoners of 
war. But their scouts, who were a day or two in 
the village entirely unsuspected, returned with such 
encouraging accounts of the absolute security of 
the people, that the enemy determined on the at- 
tack. They entered on Saturday night about eleven 
o'clock, at the gates, which were found unshut ; 
and, that every house might be invested at the same 
time, divided into small parties of six or seven men. 
The inhabitants were in a profound sleep, and un- 
alarmed, till their doors were broke open. Never 
were people in a more wretched consternation. 
Before they were risen from their beds, the enemy 
entered their houses, and began the perpetration 
of the most inhuman barbarities. No tongue, says 
colonel Schuyler, can express the cruelties that 
were committed. The whole village was instantly 
in a blaze. Women with child ripped open, and 
their infants cast into the flames, or dashed against 
the posts of the doors. Sixty persons perished in 
the massacre, and twenty-seven were carried into 
captivity. The rest fled naked towards Albany, 
through a deep snow which fell that very night in 
a terrible storm ; and twenty-five of these fugitives 
lost their limbs in the flight, through the severity of 
the frost. The news of this dreadful tragedy reached 
Albany about break of day ; and universal dread 
seized the inhabitants of that city, the enemy being 
reported to be one thousand four hundred strong. 
A party of horse was immediately despatched to 



History of new-york. 105 

Schenectady, and a few Mohawks then in town, 
fearful of being intercepted, were with difficulty 
sent to apprise their own castles. 

The Mohawks were unacquainted with this bloody 
scene, till two days after it happened, our mes- 
sengers being scarce able to travel through the 
great depth of the snow. The enemy, in the mean 
time, pillaged the town of Schenectady till noon 
the next day ; and then went off with their plunder, 
and about forty of their best horses. The rest, 
with all the cattle they could find, lay slaughtered 
in the streets. 

The design of the French, in this attack, was to 
alarm the fears of our Indian allies, by showing 
that we were incapable of defending them. Every 
art also was used to conciliate their friendship, for 
they not only spared those Mohawks who were 
found in Schenectady, but several other particular 
persons, in compliment to the Indians, who requested 
that favour. Several women and children were also 
released at the desire of captain Glen, to whom the 
French offered no violence, the officer declaring he 
had strict orders against it, on the score of his wife's 
civilities to certain French captives in the time of 
colonel Dongan. 

The Mohawks, considering the cajoling arts of 
the French, and that the Caghnuagas who were 
with them, were once a part of their own body, 
behaved as well as could be reasonably expected. 
They joined a party of young men from Albany, 
fell upon the rear of the enemy, and either killed 
or captivated five and twenty. Several sachems, in 
the mean time, came to Albany, and very affectingly 

VOL, I, — 14 



106 inSTOIiY OF NEW-TORlv, 

addressed the inhabitants, who were just ready to 
abandon the country, urging their stay, and exciting 
an union of all the English colonies against Ca- 
nada. Their sentiments concerning the French 
appear from the following speech of condolence : 

" Brethren, we do not think that what the French 
Iiave done can be called a victory : it is only a far- 
ther proof of their cruel deceit The governor of 
Canada sent to Onondaga, and talks to us of peace 
with our whole house ; but war was in his heart, as 
you now see by woful experience. He did the 
same, formerly, at Cadaracqui, and in the Seneca's 
country. This is the third time he has acted so 
deceitfully. He has broken open our house at both 
ends ; formerly in the Seneca's country, and now 
here. We hope, however, to be revenged of them." 

Agreeable to this declaration, the Indians soon 
after treated the chevalier D'Eau and the rest of the 
French messengers, who came to conclude the 
peace proposed by Taweraket, with the utmost 
indignity, and aftervi^ards delivered them up to the 
English. Besides this, their scouts harassed the 
borders of the enemy, and fell upon a party of 
French and Indians, in the river, about one hundred 
and twenty miles above Montreal, under the com- 
mand of Louvigni, a captain who was going to 
Missilimakinac, to prevent the conclusion of the 
peace between the Utawawas and Quatoghies, with 
the Five Nations. The loss in the skirmish was 
nearly equal on both sides. One of our prisoners 
was delivered to the Utawawas, who eat him. In 
revenge for this barbarity, the Indians attacked the 
island of Montreal at Tremblinff Point, and killed 



HiSTORY OF NEW-YOllK. 107 

till officer and twelve men, while another party 
carried oft' about fifteen prisoners taken at Riviere 
Puante, whom they afterwards slew through fear of 
their pursuers, and others burnt the French planta- 
tions at St. Ours. But what rendered this year 
most remarkable, was the expedition of Sir William 
Phips against Quebec. He sailed up the river 
with a fleet of thirty-two sail, and came before the 
city in October. Had he improved his time and 
strength, the conquest would have been easy ; but 
by spending three days in idle consultations, the 
French governor brought in his forces, and enter- 
tained such a mean opinion of the English knight, 
that he not only despised his summons to surrender, 
but sent a verbal answer, in which he called king" 
William an usurper, and poured the utmost con- 
tempt upon his subjects. The messenger who car- 
ried the summons, insisted upon a written answer^ 
and that within an hour ; but the count De Frontenac 
absolutely refused it, adding, " I'll answer your 
master by the mouth of my cannon, that he may 
learn that a man of my condition is not to be sum- 
moned in this manner." Upon this, Sir William 
made two attempts to land below the town, but 
was repulsed by the enemy, with considerable loss of 
men, cannon, and baggage. Several of the ships also 
cannonaded the city, but without any success. The 
forts at the same time returned the fire, and obliged 
them to retire in disorder. The French writers, in 
their accounts of this expedition, universally censure 
the conduct of Sir William, though they confess the 
valour of his troops. La Hontan, who was then at 
Quebec, says, he could not have acted in a manner 



108 HISTORY OF NEW-YORK. 

more agreeable to the French, if he had been in 
their interest.* 

* Dr. Golden supposes this attack was made upon Quebec in 1G91, but he is 
certainly mistaken. See Life of Sir William Phips, published at London in 
1697. Oldmixon's Brit. Empire, and Charlevoix. 

Among the causes of the ill success of the fleet, the author of the Life of Sir 
William Phips, mentions the neglect of the conjoined troops of New York, 
Connecticut, and the Indians, to attack Montreal, according to the original plan 
of operations. Ho tells us that they marched to the Lake, but there foimd 
themselves unprovided with battoes, and that the Indians were dissuaded from 
the attempt. By what authority these assertions may be supported, I know not. 
Charlevoix says our army was disappointed in the intended diversion, by tlie 
small-pox, which seized the camp, killed three hundred men, and terrified oiir 
Indian allic''. 



THE 



HISTORY OF NEW-YORK, 



PART III. 

FROM THE REVOLUTION TO THE SECOND EXPEDITION 
AGAINST CANADA. 

While our allies were faithfully exerting them- 
selves against the common enemy, Colonel Henry 
Sloughter, who had a commission to be governor 
of this Province, dated the 4th of January, 1689, 
arrived here, and published it on the 19th of March, 
1691. Never was a governor more necessary to 
the province, than at this critical conjuncture ; as 
well for reconciling a divided people, as for defend- 
ing them against the wiles of a cunning adversary. 
But either through the hurry of the king's affairs, 
or the powerful interest of a favourite, a man was 
sent over, utterly destitute of every qualification for 
government, licentious in his morals, avaricious, and 
poor. The council present at his arrival were 
Joseph Dudley, Chudley Brook, 

Frederick Philipse, Thomas Willet, 

Stephen Van Courtland, William Pinhorne. 
Gabriel Mienvielle, 

If Leisler had delivered the garrison to colonel 
Sloughter, as he ought to have done, upon his first 
landing, besides extinguishing in a great degree, 
the animosities then subsisting, he would, doubtless. 



110 HISTORY OF NEW- YORK. 

have attracted the favourable notice, botli of the 
governor and the crown. But being a weak man, 
lie was so intoxicated with the love of power, that 
thousfh he had been well informed of Slousjhter's 
appointment to the government, he not only shut 
himself up in the fort with Bayard and Nichols, 
%vhom he had before that time imprisoned, but re- 
fused to deliver them up, or to surrender the garri- 
son. From this moment, he lost all credit with the 
governor who joined the other party against him. 
On the second demand of the Fort, Milborne and 
Delanoy came out, under pretence of confering with 
his excellency, but in reality to discover his de- 
signs. Sloughter, who considered them as rebels, 
threw them both into goal. Leisler, upon this event, 
thought proper to abandon the fort, which Colonel 
Sloughter immediately entered. Bayard and Ni- 
chols were now released from their confinement, 
and sworn of the Privy Council. Leisler having 
thus ruined his cause, was apprehended with many 
of his adherents, and a commission of oyer and ter- 
miner issued to Sir Thomas Robinson, colonel 
^^mith, and others, for their trials. 

In vain did they plead the merit of their zeal for 
king William, since they had so lately opposed his 
governor. Leisler, in particular, endeavoured to 
justify his conduct, insisting that Lord Notting- 
ham's letter entitled him to act in the quality of 
lieutenant-governor. Whether it was through ig- 
norance or sycophancy, I know not : but the judges 
instead of pronouncing their own sentiments upon 
this part of the prisoner's defence, refered it to the 
governor and council, praying their opinion, whether 



lilSTORY OF NEW-YORK. Ill 

that letter " or any other letters, or papers, in the 
packet from White-Hall, can be understood, or in- 
terpreted, to be and contain, any power, or direc- 
tion to captain Leisler, to take the government of 
this province upon himself, or that the administra- 
tion thereupon be holden good in law." The an- 
swer was, as might have been expected, in the ne- 
gative ; and Leisler and his son were condemned 
to death for high-treason These violent measures 
drove many of the inhabitants, who were fearful of 
being apprehended, into the neighbouring colonies, 
which shortly after occasioned the passing an act of 
general indemnity. 

From the surrender of the province to the year 
1683, the inhabitants were ruled by the duke's go- 
vernors and their councils, who, from lime to time, 
made rules and orders, which were esteemed to 
be bimling as laws. These, about the year 1674, 
were regularly collected under alphabetical titles ; 
and a fair copy of them remains amongst our re- 
cords to this day. They are commonly known by 
the name of the Duke's Laws. The title page of 
the book, written in the old court hand is in these 
bald words, " Jus Nova? Eboracensis ; vel. Leges 
lUustrissimo Principe Jacobi Duce Eboraci et Al- 
banse, etc. Institutse et Ordinatse, ad Observandum 
in Territoriis Americee ; Transcriptee Anno Domini 
MDCLXXIV." 

Those acts, which were made in 1683, and after 
the duke's accession to the throne, when the peo- 
ple were admitted to a participation of the legisla- 
tive power, are for the most part rotten, defaced, or 
lost. Few minutes relatins: to them remain on the 



112 HISTORY OF KEW-YORK, 

council books, and none in the journals of the house. 
As this assembly, in 1691, was the first after the 
revolution, it may not be improper to take some 
particular notice of its transactions.* 

It began the 9th of April, according to the writs 
of summons issued on the 2Uth of March preceding. 
The Journal of the house opens with a list of the 
members returned by the sheriffs. 

City and County of New- York — 
James Graham, 
William Merrett, 
Jacobus Van Courtlandt, 
Johannes Kipp. 

City and County of Albany — 
Derick Wessells, 
Levinus Van Scayck. 

County of Richmond — 

Elias Dukesbury, 
John Dally. 

County of West-Chester — 
John Pell. 

(younty of Suffolk — 

Henry Pierson, 
Matthew Howell. 

* All laws made here, antecedent lo this period, are disregarded both by iUt 
legislature and the courts of law. In the collection of our acts published in 
1752, the compilers were directed to begin at this assembly. The vahdity of 
the old grants of the powers of government, in several American colonics, J9 
very much doubted in this province. 



HISTORY OF NEW-YORK. 113 

Ulster and Dutchess County — 
Henry Beekman, 
Thomas Garton. 

QuecrCs County — 

John Bound, 
Nathaniel Percall. 

King's County — 

Nicholas Stillwell, 
John Poland, 

The members for Queen's county, being Qua- 
kers, were afterwards dismissed, for refusing the 
oaths directed by the governor's commission, 
but all the rest were qualified before two commis- 
sioners appointed for that purpose. 

James Graham was elected their speaker, and 
approved by the governor. 

The majority of the members of this assembly 
were against the measures which Leisler pursued 
in the latter part of his time, and hence we find the 
house, after considering a petition signed by sundry 
persons against Leisler, unanimously resolved, that 
his dissolving the late convention, and imprisoning 
several persons, was tumultuous, illegal and against 
their majesties' right, and that the late depredations 
on Schenectady, were to be attributed to his 
usurpation of all power. 

They resolved, against the late forcible seizures 
made of effects of the people, and against the levy- 
ing of money on their majesties' subjects. And a?^ 
VOL. I. — 15 



114 HISTORY OF NEW- YORK. 

to Leisler's holding the fort against the governor, 
it was voted to be an act of rebellion. 

The house having, by these agreeable resolves, 
prepared the way of their access to the governor, 
addressed him in these words. 

" May it please your Excellency, 
We, their majesties' most dutiful and loyal subjects, 
convened, by their majesties' most gracious favour, 
in general assembly, in this province, do, in all most 
humble manner, heartily congratulate your excel- 
lency, that as, in our hearts, we do abhor and detest 
all the rebellious, arbitrary and illegal proceedings 
of the late usurpers of their majesties' authority, over 
this province, so we do, from the bottom of our 
hearts, with all integrity, acknowledge and declare^ 
that there are none, that can or ought to have, right 
to rule and govern their majesties' subjects here, but 
by their majesties' authority, which is now placed in 
your excellency ; and therefore we do solemnly de- 
clare, that we will, with our lives and fortunes, sup- 
port and maintain, the administration of your excel-- 
lency's government, under their majesties, against all 
their majesties' enemies whatsoever : and this we 
humbly pray your excellency to accept, as the sincere 
acknowledgement of all their majesties' good sub- 
jects, within this their province ; praying for their 
majesties' long and happy reign over us, and that 
your excellency may long live and rule, as according 
to their majesties' most excellent constitution of 
governing their subjects by a general assembly." 

Before this house proceeded to pass any acts, 
they unanimously resolved, " That all the laws 
consented to by the general assembly, under James, 



HISTORY OF NEW-YORK. 115 

<iuke of York, and the liberties and privileges therein 
contained, granted to the people, and declared to 
be their rights, not being observed, nor ratified and 
approved by his royal highness, nor the late king, 
are null and void, and of none effect ; and also, the 
several ordinances made by the late governors and 
councils, being contrary to the constitution of Eng- 
land, and the practice of the government of their 
majesties' other plantations in America, are likewise 
null and void, and of no effect, nor force, within 
this province." 

This vote was on the 24th of April, 1691, and 
preceded by an entry in these words : " Upon in- 
formation brought into this house by several mem- 
bers of the house, declaring that the several laws 
made formerly by the general assembly, and his 
late royal highness James, duke of York, and also 
the several ordinances, or reputed laws, made by 
the preceding governors and councils, for the rule 
of their majesties' subjects within this province, are 
reported among the people to be still in force." — 

The reader, who will find no law to repeal the 
acts passed before the revolution, may, perhaps, 
impute to ignorance what ought to be ascribed to 
art, unless he is informed that one of those acts 
gave a perpetual revenue to the crown, and that 
every subsequent assembly wished to conceal what 
a bill to repeal it would draw from under the veil, 
which this resolve had concealed, from the eye of a 
weak governor, or concerning which they made it 
his interest to be silent, by the new temporary act 
for establishing a revenue. 

Among the principal laws enacted at this session. 



116 HISTORY OF NEW-YORK. 

we may mention that for establishing the revenue, 
which was drawn into precedent. The sums raised 
by it were made payable into tlie hands of the 
receiver-general, and issued by the governor's war- 
rant. By this means the governor became, for a 
season, independent of the people, and hence wc 
find frequent instances of the assemblies contending 
with him for the discharge of debts to private per- 
sons, contracted on the faith of the government. 

Antecedent to the revolution, iunumerable were 
the controversies relating to public townships and 
private rights ; and hence, an act was now passed, 
for the confirmation of ancient patents and grants, 
intended to put an end to those debates. A law 
was also passed for the establishment of courts of 
justice, though a perpetual act had been made to 
that purpose in 1683, and the old court of assize 
entirely dissolved in 1684. As this enacted in 1691, 
was a temporary law, it may hereafter be disputed, 
as it has been already, whether the present establish- 
ment of our courts, for general jurisdiction, by an 
ordinance, can consist even with the preceding act, 
or the general rules of law. Upon the erection of 
the supreme court, a chief justice, and four assistant 
judges, with an attorney-general, were appointed. 
The chief justice, Joseph Dudley, had a salary of 
£1530 per annum ; Johnson, the second judge, £100, 
and both were payable out of the revenue ; but 
William Smith, Stephen Van Courtlandt, and Wil- 
liam Pinhorne, the other judges, and Newton, the 
attorney-general, had nothing allowed for their 
services. 

Jt has, more than once, been a subject of animated 



illSTORY OF NEW-YORK. 117 

debate, whetlier tlic people in this colony, have a 
right to be represented in assembly, or whether it 
be a privilege enjoyed through the grace of the 
crown. A memorable act passed this session, vir- 
tually declared in favour of the former opinion, 
upon that and several other of the principal and 
distinguishing liberties of Englishmen It must, 
nevertheless, be confessed, that king William was 
afterwards pleased to repeal that law, in the year 
1697.* 

Colonel Sloughter proposed, immediately after 
the session, to set out to Albany, but as Leisler's 
party were enraged at his imprisonment, and the 
late sentence against him, his enemies were afraid 
new troubles would spring up in the absence of the 
governor ; for this reason, both the assembly and 
council advitied that the prisoners should be imme- 
diately executed The sufferers under their govern- 
ment, stated their oppressions to the assembly, who 
unanimously resolved on the 17th April, 1691, that 
their services were tumultuous and illegal, and 
against the rights of the new king and queen ; that 
they had illegally and arbitrarily thrown divers 
protestant subjects into doleful nauseous prisons ; 
proscribed and forced others out of the colony ; 
that the depredation upon Schenectady was im- 
putable to their usurpations. That they had ruined 
merchants and others by seizures of their effects ; 
levied money and rebelliously raised forces ; and 
that their refusal to surrender the fort was rebel- 
lion. The council concurred with the resolves 

* It was entitled, " An act declaring what are the rights and privileges of 
their majesties' subjects inhabiting witliin their province of New-York," 



118 HISTORY OF NEW- YORK. 

on the next day. Tlie assembly at first waved 
an answer to the governor's question, respect- 
ing the propriety of reprieving the convicts ; he 
urged them again for an explicit answer three 
weeks after (llth May) whether they ought, or 
ought not to be executed ; and within eight days 
after this the council consented to the execution 
and the assembly declared their approbation. 
Sloughter, who had no inclination to favour them 
in this request, chose rather to delay such a violent 
step, being fearful of cutting off two men, who 
had vigorously appeared for the king, and so 
signally contributed, to the revolution. Nothing 
could be more disagreeable to their enemies, 
whose interest was deeply concerned in their de- 
struction ; and, therefore, when no other measures 
could prevail with the governor, tradition informs 
us, that a sumptuous feast was prepared, to which 
colonel Sloughter was invited. When his excel- 
lency's reason was drowned in his cups, the entrea- 
ties of the company prevailed with him to sign the 
death-warrant, and before he recovered his senses, 
the prisoners were executed. Leisler's son after- 
wards carried home a complaint to king William, 
against the governor. His petition was referred, 
according to the common course of plantation 
affairs, to the lords commissioners of trade, who, 
after hearing the whole matter, reported on the 
llth of March, 1692, "That they were humbly of 
opinion, that Jacob Leisler and Jacob Milborne, 
deceased, were condemned, and had suffered ac- 
cording to law." Their lordships, however, inter- 
ceded for their families, as fit objects of mercy, and 



HISTORY OF NEW- YORK. 119 

this induced queen Mary, who approved the report 
on the 17th of March, to declare, " That upon the 
humble application of the relations of the said Jacob 
Leisler and Jacob Milborne, deceased, her majesty 
will order the estates of Jacob Leisler and Jacob 
Milborne, to be restored to their families, as objects 
of her majesty's mercy." The bodies of these un- 
happy sufferers were afterwards taken up, and 
interred with great pomp, in the old Dutch church, 
in the city of New- York. Their estates were re- 
stored to their families, and Leisler's children, in 
the public estimation, are rather dignified, than 
disgraced, by the fall of their ancestor. 

These distractions in the province, so entirely 
engrossed the public attention, that our Indian allies^ 
who had been left solely to contend with the com- 
mon enemy, grew extremely disaffected. The 
Mohawks, in particular, highly resented this con- 
duct, and, at the instance of the Caghnuagas, sent a 
messenger to Canada, to confer with count Frontenac 
about a peace. To prevent this, colonel Sloughter 
had an interview at Albany, in June, with the other 
four Nations, who expressed their joy at seeing a 
governor again in that place. They told him, that 
their ancestors, as they had been informed, were 
greatly surprised at the arrival of the first ship in 
that country, and were curious to know what was 
in its huge belly. That they found Christians in 
it, and one Jacques, with whom they made a chain 
of friendship, which they had preserved to this day. 
All the Indians, except the Mohawks, assured the 
governor at this meeting, of their resolution to pro- 
secute the war. The Mohawks confessed their 



120 HISTORY OF NEW-YORK. 

negociations with the French, that they had received 
a belt from Canada, and prayed the advice of the 
governor, and afterwards renewed their league with 
all our colonies. 

Sloughter soon after returned to New- York, and 
ended a short, weak, and turbulent administration, 
for he died suddenly on the L'3d of July, 1691. Some 
were not without suspicions that he came unfairly 
to his end, but the certificate of the physician and 
surgeons, who opened his body by an order of 
council, confuted these conjectures, and his remains 
were interred in Stuyvesant's vault, next to those 
of the old Dutch governor. 

At the time of Sloughter's decease, the govern- 
ment devolved, according to the late act for declaring 
the rights of the people of this province, on the 
council, in which Joseph Dudley had a right to 
preside ; but they committed the chief command to 
Richard Ingolsby, a captain of an independent 
company, who was sworn into the office of president 
on the 26th of July, 169^i. Dudley, soon afterwards, 
returned to this province from Boston, but did not 
think proper to dispute Ingolby's authority, though 
the latter had no title nor the greatest abilities for 
government, and was besides obnoxious to the party 
who had joined Leisler, having been an agent in the 
measures which accomplished his ruin. To the 
late troubles, which were then recent, and the 
agreement subsisting between the council and as- 
sembly, we must ascribe it that the former tacitly 
acknowledged Ingolsby's right to the president's 
chair ; for they concurred with him in passing 



HISTORY OF NEW- YORK. 121 

several laws, in autumn and the spring following, 
the validity of which have never yet been disputed. 

This summer major Schuyler,* with a party of 
Mohawks, passed through the Lake Champlain, 
and made a bold irruption upon the French settle- 
ments at the north end of it.f De Callieres, the 
governor of Montreal, to oppose him, collected a 
small army of eight hundred men, and encamped 
at La Prairie. Schuyler had several conflicts with 
the enemy, and slew about tliree hundred of them, 
which exceeded in number his whole party. The 
French, ashamed of their ill success, attribute it to 
the want of order, too many desiring to have the 
command ; but the true cause was the ignorance of 
their officers in the hidian manner of fighting. They 
kept their men in a body, while ours posted them- 
selves behind trees, hidden from the enemy. Major 
Schuyler's design, in this descent, was to animate 
the Indians, and preserve their enmity against the 
French. They, accordingly, continued their hosti- 
lities, and, by frequent incursions, kept the country 
in constant alarm. 

In the midst of these distresses, the French 
governor preserved his sprightliness and vigour, 
animating every body about him. After he had 
served himself of the Utawawas, who came to trade 
at Montreal, he sent them home under the care of a 
captain and one hundred and ten men ; and to 

* The French, from his great influence at Albany and activity anions the 
Indians, concluded that he was governor of that city ; and hence, their liistorians 
honour him with that title, though lie was then only mayor of the corporation. 
" Pitre Sclmyler (says Charlevoix) etoit unforle honnete hojtime.'" 

t Dr. Colden relates it as a transaction of the year 1691, which is true ; 
but he supposes it was before Sir William Phips's attack upon Quebec, and 
tkus falls mto an anachronism of one whole year^ as I Jiave alroudy observerU 
VOL. I. — 10 



122 I11ST0RY OP NEW- YORK. 

secure their attachment to the French interest, gave 
them two Indian prisoners, and, besides, sent very 
considerable presents to the Western Indians in 
their alHance. The captives were afterwards burnt. 
The Five Nations, in the meantime, grew more 
and more incensed, and continually harassed the 
French borders. Mr. Beaucour, a young gentleman, 
in the following winter, marched a body of about 
three hundred men, to attack them at the isthmus 
at Niagara. Incredible were the fatigues they 
underwent in this long march over the snow, bear- 
ing their provisions on their backs. Eighty men 
of the Five Nations opposed the French party, and 
bravely maintained their ground, till most of them 
were cut off. In return for which, the confederates, 
in small parties, obstructed the passage of the 
French through Lake Ontario and the river issuing 
out of it, and cut off their communication with the 
Western Indians. An Indian, called Black Kettle, 
commanded in these incursions of the Five Nations, 
and his successes, which continued the whole sum- 
mer, so exasperated the count, that he ordered an 
Indian prisoner to be burnt alive. The bravery of 
this savage was as extraordinary, as the torments 
inflicted on him were cruel. He sung his military 
achievements without interruption, even while his 
bloody executioners practised all possible barba- 
rities. They broiled his feet, thrust his fingers into 
red-hot pipes, cut his joints, and twisted the sinews 
with bars of iron. After this his scalp was ripped 
off, and hot sand poured on the wound. 

In June, 1692, captain Ingolsby met the Five 
Nations at Albanv, and encouraged them to persevere 



mSTUllY OF AEVV-VOllK. 123 

in the war. The Indians declared their onmi(y to 
the French in the strongest terms, and as heartily 
professed their friendship to us. " Brother Corlear," 
said the sachem, " we are all the subjects of one great 
king and queen ; we have one head, one heart, one 
interest, and are all engaged in the same war." 
The Indians at the same time did not forget, at 
this interview, to condemn the inactivity of the Eng- 
lish, telling them that the destruction of Canada 
would not make one summer's work against their 
united strength, if vigorously exerted. 

Colonel Benjamin Fletcher arrived, with a com- 
mission to be governor, on the 29th of August, 1692, 
which was published the next day, before the follow- 
ing members, in council : 

Frederick Philipse, Chudley Brooke, 

Stephen Van Courtlandt, William Nicoll, 
Nicholas Bayard, Thomas Willet, 

Gabriel Mienville, Thomas Johnston. 

William Pinhorne, one of that board, being a 
non-resident, was refused the oaths ; and Joseph 
Dudley, for the same reason, removed both from his 
seat in council and his office of chief justice. Caleb 
Heathcote and John Young succeeded them in coun- 
cil; and William Smith was seated, in Dudley's 
place, on the bench. 

Colonel Fletcher brought over with him a present 
to the colony of arms, ammunition, and warlike 
stores; in gratitude for which, he exhorted the 
council and assembly, who were sitting at his arrival, 
to send home an address of thanks to the king. It 
consists, principally, of a representation of the great 



124 HISTORY OP NEW- YORK. 

expense the province was continually at to defend 
the frontiers, and praying his majesty's direction, 
that the neighbouring colonies might be compelled 
to join their aid for the support of Albany. The 
following passage in it shows the sense of the legis- 
lature, upon a matter which has since been very 
much debated. " When these countries were pos- 
sessed by the Dutch West-India Company, they al- 
^^^ays had pretences (and had the most part of it 
within their actual jurisdiction) to all that tract of 
land (with the islands adjacent) extending from the 
west side of Connecticut River to the lands lying 
on the west side of Delaware Bay, as a suitable 
portion of land for one colony or government ; all 
which, including the lands on the west of Delaware 
Bay or River, were in the duke of York's grant, from 
his majesty king Charles the second, whose gover- 
nors also possessed those lands on the west side of 
Delaware Bay or River. By several grants, as well 
from the crown as from the duke, the said province 
has been so diminished, that it is now decreased to 
a very few towns and villages ; the number of men fit 
to bear arms, in the whole government, not amount- 
ing to 3,000, who are all reduced to great poverty." 
Fletcher was by profession a soldier, a man of 
strong passions and inconsiderable talents, very ac- 
tive, and equally avaricious. Nothing could be more 
fortunate to him than his early acquaintance with 
major Schuyler at Albany, at the treaty for confir- 
mation of the Indian alliance, the fall after his arri- 
val. No man, then in this province, understood the 
state of our affairs with the Five Nations better than 
major Schuyler. He had so great an influence over 



HISTORY OF NEW- YORK. 125 

them, that whatever Quiclder,'^ as they called him, 
recommended or disfipprovcd, had the force of a law. 
This power over them was supported, as it had been 
obtained, by repeated offices of kindness, and his 
singular bravery and activity in the defence of his 
country. These qualifications rendered him singu- 
larly serviceable and necessary, both to the province 
and the governor. For this reason, Fletcher took 
him into his confidence, and, on the 25th of October, 
raised him to the council board. Under the tutelage 
of major Schuyler, the governor became daily more 
and more acquainted with our Indian afiairs ; his 
constant application to which, procured and preserv- 
ed him a reputation and influence in the colony. 
Without this knowledge, and which was all that he 
had to distinguish himself, his incessant solicitations 
for money, his passionate temper and bigoted prin- 
ciples, must necessarily have rendered him obnoxi- 
ous to the people, and kindled a hot fire of conten- 
tion in the province. 

The old French governor, who found that all his 
measures for accomplishing a peace with the Five 
Nations proved abortive, was now meditating a blow 
on the Mohawks. He accordingly collected an 
army of six or seven hundred French and Indians, 
and supplied them with every thing necessary for 
a winter campaign. They set out from Montreal 
on the 15th of January, 1693 ; and after a march, 
attended with incredible hardships, they passed by 
Schenectady on the 6th of February, and, that 
night, captivated five men and some women and 
children, at the first castle of the Mohawks. The 

* Instead of Peter, which they could not pronounce. 



126 HISTORY OF NEW-YORK. 

second castle was taken with equal ease, the Indian 
inhabitants being in perfect security, and, for the 
most part, at Schenectady. At the third, the enemy 
found about forty Indians in a war dance, designing 
to go out upon some enterprise the next day. Upon 
their entering the castle a conflict ensued, in which 
the French lost about thirty men. Three hundred of 
our Indians were made captives in this descent ; and, 
but for the intercession of the savages in the French 
interest, would all have been put to the sword.* 

The Indians were enraged, and with good reason^ 
at the people of Schenectady, who gave them no 
assistance against the enemy, though they had 
notice of their marching by that village ; but this 
was atoned for by the succours from Albany. Co- 
lonel Schuyler voluntarily headed a party of two 
hundred men, and went out against the enemy. 
On the 15th of February, he was joined by near 
three hundred Indians, ill armed, and many of them 
boys. A pretended deserter, who came to dissuade 
the Indians from the pursuit, informed him, the 
next day, that the French had built a fort, and 
waited to fight him : upon which he sent to Ingolsby, 
the commandant at Albany, as well for a reinforce- 
ment as for a supply of provisions ; for the greatest 
part of his men came out with only a few biscuits in 
their pockets, and at the time they fell in with the 
enemy, on the 17th of the month, had been several 
days without any kind of food. Upon approaching 
the French army, sundry skirmishes ensued ; the 

* Dr. Golden, and the Jesuit Charlevoix, are not perfectly agreed in the 
history of this irruption. I have followed, sometimes the former, and at other 
times the latter, according as the facts more immedio.tely related to the conduct 
of their respective countrymen. 



SnSTORY OP NEW-YORK. 127 

enemy endeavouring to prevent our Indians from 
felling trees for their protection Captain Syms, 
with eighty regulars of the independent companies 
and a supply of provisions, arrived on the 19th, but 
the enemy had marched off the day before, in a 
great snow storm. Our party, however, pursued 
them, and would have attacked their rear, if the 
Mohawks had not been averse to it. When the French 
reached the north branch of Hudson's River, luckily 
a cake of ice served them to cross over it, the river 
being open both above and below. The frost was 
now extremely severe, and the Mohawks fearful of 
an engagement; upon which Schuyler, who had 
retaken about fifty Indian captives, desisted from 
the pursuit on the 20th of February, four of his 
men and as many Indians being killed, and twelve 
wounded. Our Indians, at this time, were so dis- 
tressed for provisions, that they fed upon the dead 
bodies of the French ; and the enemy, in their turn, 
were reduced, before they got home, to eat up their 
shoes. The French in this enterprise lost eighty 
men, and had above thirty wounded. 

Fletcher's extraordinary dispatch up to Albany, 
upon the first news of this descent, gained him the 
esteem both of the public and our Indian allies. 

The express reached New-York on the 12th of 
February, at ten o'clock in the night, and in less 
than two days the governor embarked with three 
hundred volunteers. The river (which was hereto- 
fore very uncommon at that season) was open." 

* The climate, of late years, is much altered, and this day (February 14, 
1756,) three hundred recruits sailed from New- York for the army under the 
command of general Sliirley, now quartered at Albany, and last year, a sloop 
•went np the river a month earlier. 



12S HISTORY or NEW-YORK. 

Fletcher landed at Albany, and arrived at Sche- 
nectady the 1 7th of the month, which is about one 
hundred and sixty miles from New- York ; but he 
was still too late to be of any other use than to 
strengthen the ancient alliance. The Indians, in 
commendation of his activity on the occasion, gave 
him the name of Cayenguirago, or, The Great 
Swift Arrow. 

Fletcher returned to New- York, and, in March, 
met the assembly, who were so well pleased with 
his late vigilance, that, besides giving him the 
thanks of the house, they raised £6000 for a year's 
pay of three hundred volunteers and their officers, 
for the defence of the frontiers. 

As the greatest part of this province consisted of 
Dutch inhabitants, all our governors, as well in the 
duke's time as after the revolution, thought it good 
policy to encourage English preachers and school- 
masters in the colony. No man could be more bent 
upon such a project than Fletcher, a bigot to the 
episcopal form of church government. He, ac- 
cordingly, recommended this matter to the assembly, 
on his first arrival, as well as at their present meet- 
ing. The house, from their attachment to the 
Dutch language, and the model of the church of 
Holland, secured by one of the articles of surrender, 
were entirely disinclined to the scheme, which 
occasioned a warm rebuke from the governor, in 
his speech at the close of the session, in these 
words : " Gentlemen, the first thing that I did 
recommend to you, at our last meeting, was to 
provide for a ministry, and nothing is done in it. 
There are none of you., but what are big with the 



liKSTORY OF NEW-YORK. 129 

priviliiges of Englishmen and Magna Charta, which 
is your right ; and the same law doth prcjvide for 
the religion of the chm'ch of England, against 
sabbath-breaking and all other profanity ; but as 
you have made it last, and postponed it this session, 
I hope you will begin with it the next meeting, and 
do somewhat toward it effectually." 

The news of the arrival of the recruits and ammu- 
nition at Canada, the late loss of the Mohawks, 
and the unfulfilled promises of assistance made from 
time to time by the English, toj^ether with the inces- 
sant solicitations of Milet the Jesuit ; all conspired 
to induce the Oneidas to sue for a peace with 
the French. To prevent so important an event, 
Fletcher met the five nations at Albany, in July 
1693, with a considerable present of knives, hatch- 
ets, clothing, and ammunition, which had been sent 
over by the crown for that purpose. The Indians 
consented to a renewal of the ancient league, and 
expressed their gratitude for the king's donation 
with singular force. " Brother Cayenguirago, we 
roll and wallow in joy, by reason of the great favor 
the great king and queen have done us, in sending 
us arms and ammunition at a time when we are in 
the greatest need of them ; and because there is 
such unity among the brethren." Colonel Fletcher 
pressed their delivering up to him Milet the old 
priest, which they promised, but never performed. 
On the contrary, he had influence enough to per- 
suade all but the Mohawks to treat about the peace 
at Onondaga, though the governor exerted himself 
to prevent it. 

VOL. I.— -17 



130 HISTORY OF NEW- YORK. 

Soon after this interview, Fletcher returned to 
New York ; and, in September, met a new assem- 
bly, of which James Graham was chosen Speaker. 
The governor laboured at this session to procure the 
establishment of a ministry throughout the colony, 
a revenue to his majesty for life, the repairing the 
fort in New- York, and the erection of a chapel. That 
part of his speech relating to the ministry was in 
these words : " I recommended to the former assem- 
bly the settling of an able ministry, that the worship 
of God may be observed among us, for I find that 
great and first duty very much neglected. Let us 
not forget that there is a God that made us, who 
will protect us if we serve him. This has been 
always the first thing I have recommended, yet the 
last in your consideration. 1 hope you are all satis- 
fied of the great necessity and duty that lies upon 
you to do this, as you expect his blessing upon your 
labours." The zeal with which this aflair was 
recommended induced the house, on the 12th ofSep- 
tember, to appoint a committee of eight members, 
to agree upon a scheme for settling a ministry in 
each respective precinct throughout the province. 
This committee made a report the next day, but it 
was recommitted till the afternoon, and then defer- 
red to the next morning. Several debates arising 
about the report in the house, it was again " recom- 
mitted for further consideration." On the 15th of 
September it was approved, the establishment being 
then limited to several parishes in four counties, and 
a bill ordered to be brought in accordingly ; which 
the speaker (who on the 18th of September was 



HISTORY OF NEW- YORK. 131 

appointed to draw all their bills) produced on the 
19th It was read twice on the same day, and then 
referred to a committee of the whole house. The 
third reading was on the 21st of September, when 
the bill passed and was sent up to the governor and 
council, who immediately returned it with an amend- 
ment to vest his excellency with an episcopal power 
of inducting every incumbent, adding to that part of 
the bill near the end, which gave the right of pre- 
sentation to the people, these words " and presented 
to the governor to be approved and collated." 
The house declined their consent to the addition, 
and immediately returned the bill, praying " that it 
may pass without the amendment, having in the 
drawing of the bill had a due regard to that pious 
intent of settling a ministry for the benefit of the 
people." Fletcher was so exasperated with their 
refusal, that he no sooner received the answer of the 
house than he convened them before him, and in 
an angry speech broke up the session. I shall lay 
that part of it relating to \]\ s bill before the reader, 
because it is characteristic of the man. 

'* Gentlemen, 
"There is also a bill for settling a ministry in this 
city, and some other counties of the government. 
In that very thing you have shown a great deal of 
stiffness. You take upon you, as if you were dicta- 
tors. I sent down to you an amendment of three 
or four words in that bill, which though very imma- 
terial, yet was positively denied. I must tell you it 
seems very unmannerly. There never was an 
amendment yet desired by the council board, but 



132 HISTORY OF NEW-YOKK. 

what was rejected. It is the sign of a stubborn ill 
temper ; and this you have also refused. 

'• But, gentlemen, I must take leave to tell you, if 
you seem to understand by these words, that none 
can serve without your colhilion or establishment, 
you are far mistaken ; for I have the power of 
collating or suspending any minister in my govern- 
ment by their majesties' letters patent ; and whilst 
I stay in the government, I will take care that 
neither heresy, sedition, schism, or rebellion, be 
preached amongst you, nor vice and profanity 
encouraged. It is my endeavour to lead a virtuous 
and pious life amongst you, and to give a good 
example : I wish you all to do the same- You ought 
to consider that you have but a third share in the 
legislative po^ver of the government ; and ought not 
to take all upon you, nor be so peremptory. You 
ought to let the council have a share. They are in 
the nature of the house of lords, or upper house ; 
but you seem to take the whole power in your hands, 
and set up for every thing. You have sat a long 
time to little purpose, and have been a great charge 
to the country. Ten shillings a day is a large allow- 
ance, and you punctually exact it. You have been 
always forward enough to pull down the fees of 
other ministers in the government ; why did you 
not think it expedient to correct your own to a more 
moderate allowance ?' 

'* Gentlemen, I shall say no more at present, but 
that you do witlidraw to your private atiairs in the 
country. I do prorogue you to the tenth of January 
next, and you are hereby prorogued to the tenth day 
of January next ensuinff." 



HISTORY OF ISEW-YOHK. 133 

The violence of this man's temper is very evident 
in all his speeches and messages to the assembly ; 
and it can only be attributed to the ignorance of the 
times, that the members of that house, instead of 
asserting their equality, peaceably put up with his 
rudeness. Certainly they deserved better usage at 
his hands. For the revenue established the last 
year, was at this session continued five years longer 
than was originally intended This was rendering 
the governor for a time independent of the people. 
For at that day the assembly had no treasure, but 
the amount of all taxes went of course into the hands 
of the receiver-general, who was appointed by the 
crown. Out of this fund moneys were only issuable 
by the governor's warrant ; so that every officer in 
the government, from Mr. Blaithwait, who drew 
annually five per cent, out of the revenue as auditor- 
general, down to the meanest servant of the public, 
became dependent solely of the governor. And 
hence we find the house, at the close of every 
session, humbly addressing his excellency for the 
trifling wages of their own clerk. Fletcher was 
notwithstanding so much displeased with them, 
that soon after the prorogation, he dissolved the 
assembly. 

The members of the new assembly met according 
to the writ of summons, in March 1694, and chose 
colonel Pierson for their speaker, Mr. Graham 
being left out at the election for the city. The 
shortness of this session, which continued only to the 
latter end of the month, was owing to the disagreeable 
business the house began upon, of examining the 



134 HISTORY OF INEW-YORK. 

State of the public accounts, and in particular the 
muster rolls of the volunteers in the pay of the pro- 
vince. They however resumed it again in Septem- 
ber, and formally entered their dissatisfaction with 
the receiver-general's accounts. The governor, at 
the same time, blew up the coals of contention by 
a demand of additional pay for the King's soldiers 
then just arrived, and new supplies for detachments 
in defence of the frontiers. He at last prorogued 
them, after obtaining an act for supporting one hun- 
dred men upon the borders. The same disputes 
revived again in the spring, 1695 ; and proceeded to 
such lengths that the assembly asked the governor's 
leave to print their minutes, that they might 
appeal to the public. It was at this session, on 
the 12th of April, 1695, that upon a petition of five 
church wardens and vestrymen of the city of New- 
York, the house declared it to be their opinion 
•^^ That the vestrymen and church wardens have 
power to call a dissenting protestant minister, and 
that he is to be paid and maintained as the act 
directs." The intent of this petition was to refute 
an opinion which prevailed, that the late ministry 
act was made for the sole benefit of Episcopal 
clergymen. 

The quiet undisturbed state of the frontiers, 
while the French were endeavouring to make a 
peace with the Five Nations, and the complaints of 
many of the volunteers, who had not received their 
pay, very much conduced to the backwardness of 
the assembly, in answering Fletcher's perpetual 
demands of money. But when the Indians refused to 



HISTORY OF NEW-YORK. 135 

comply with the terms of peace demanded by the 
French governor, which were to suffer him to 
rebuild the fort at Cadaracqui, and to include the 
Indian allies, the war broke out afresh, and the 
assembly were obliged to augment both their detach- 
ments and supplies. The count Frontenac now 
levelled his wrath principally against the Mohawks, 
who were more attached than any other of the Five 
Nations to our interest : but as his intentions had 
taken air, he prudently changed his measures, and 
sent a party of three hundred men to the isthmus 
at Niagara, to surprise those of the Five Nations 
that might be hunting there. Among a few that 
were met with, some were killed and others taken 
prisoners, and afterwards burnt at Montreal. Our 
Indians imitated the count's example, and burnt ten 
Dewagunga captives. 

Colonel Fletcher and his assembly having come 
to an open rupture in the spring, he called another in 
June, of which James Graham was chosen speaker. 
The count Frontenac was then repairing the old 
fort at Cadaracqui, and the intelligence of this, 
and the King's assignment of the quotas of the 
several colonies, for an united force* against the 

* As such an union appeared to be necessary so long ago, it is very surprising' 
that no effectual scheme for that purpose lias hitherto been carried into full 
execution. A plan was concerted, in the great congress consisting ot' commis- 
sioners from several colonies, met at Albany, in 1754 ; but what approbation it 
received at home, has not hitherto been made public. The danger to Great 
Britain, apprehended from our united force, is founded in a total ignorance of 
the true state and character of the colonies. None of his majesty's subject.? 
are more loyal, or more strongly attached to Protestant principles; and the 
remarkable attestation, in the elegant address of the lords, of the 13th of No- 
\'ember, 1755, m our favour, " That we are a great body of bravo and faithfn', 
subjects," is as justly due to us as it was nobly said by them. 



136 HISTORY OF NEW- YORK. 

French, were the principal matters which the governor 
laid before the assembly. The list of the quotas 
was this : 

Pennsylvania £ 80 

Massachusetts Bay 350 

Maryland .'. .160 

Virginia 240 

Rhode Island and Providence Plantation 48 

Connecticut 120 

New- York 200 

As a number of the forces were now arrived, the 
assembly were in hopes the province would be reliev- 
ed from raising any more men for the defence of the 
frontiers ; and, to obtain this favour of the governor 
ordered £1000 to be levied, one half to be pre- 
sented to him, and the rest he had leave to distribute 
among the English officers and soldiers. A bill for 
this purpose was drawn, but though his excellency 
thanked them for their favourable intention, he 
thought it not for his honour to consent to it. After 
passing several laws the session broke up in perfect 
harmony, the governor in his great grace recom- 
mending it to the house to appoint a committee 
to examine the public accounts against the next 
session. 

In September, Fletcher went up to Albany with 
very considerable presents to the Indians ; whom he 
blamed for suffering the French to rebuild the fort 
at Cadaracqui, or Frontenac, which commands the 
entrance from Canada into the great lake Ontario. 
While these works were carrying on, the Dionon- 
dadies, who were then poorly supplied by the French^ 
made overtures of a peace with the Five Nations, 



HISTORY OF NEW-YORK. 137 

which the latter readily embraced, because it was 
owing to their fears of these Indians, who lived 
near the lake Missilimakinac, that thi^y never dared 
to march with their wliole strength agamst Canada. 
The French commandant was fully sensible of the 
importance of preventing this alliance. The civili- 
ties of the Dionondadies to the prisoners by whom 
the treaty, to prevent a discovery, was negotiated, 
gave the officer the first suspicion of it. One of 
these wretches had the unhappiness to fall into the 
hands of the French, who put him to the most ex- 
quisite torments, that all future intercourse with the 
Dionondadies might be cut off. Dr. Golden, in just 
resentment for this inhuman barbarity, has published 
the whole process from La Potherie's history of 
North Americaj and it is this : 

" The prisoner being first made fast to a stake, 
so as to have room to move round i?, a Frenchman 
began the horrid tragedy by broiling the flesh of 
the prisoner's legs fr«)m his toes to his kne s, with 
the red-hot barrel of a gun His example was fol- 
lowed by an Utawawa, who being desirous to outdo 
the French in their refined cruelty, split a furrow 
from the prisoner's shoulder to his garter, and filling- 
it with gun-powder, set fire to it. This gave him 
exquisite pain, and raised excessive laughter in his 
tormentors. When they found his throat so much 
parched, that he was no longer able to gratify their 
ears witii his howling, they gave hi n water to ena- 
ble him to continue their pleasure longer. But at 
last his strength failing, an Utawawa flayed oflT his 
scalp, and threw burning hot coals on his scull. 
They then untied him> and bid him run for his life. 

VOL. I,~"18 



138 HISTORY OF NEW- YORK. 

He began to run, tumbling like a drunken nian. 
They shut up the way to the east, and made him run 
westward, the country, as they think, ot' departed 
miserable souls. He had still force left to throw 
stoneS; till they put an end to his misery by knocking 
him on the head. After this every one cut a slice 
from his body, to conclude the tragedy with a feast." 

From the time Colonel Fletcher received his 
instruction respecting the quotas of these colonies 
for the defence of the frontiers, he repeatedly, but 
in vain, urged their compliance with the king's direc- 
tion ; he then carried his complaints against them 
home to his majesty, but all his applications were 
defeated by the agents of those colonies who resided 
in England. As soon, therefore, as he had laid 
this matter before the assembly, in autumn. 1695, 
the house appointed William Micol to go home in 
the quality of an agent for this province, for which 
they allowed him £ 1 000, But his solicitations proved 
misuccessful, and the instruction relating to these 
quotas, which is still continued, remains unnoticed 
to this day. Fletcher maintained a good corres- 
pondence with the assembly through the rest of his 
administration ; and nothing appears upon their 
journals worth the reader's attention. 

The French never had a governor in Canada so 
vigilant and active as the count de Frontenac He 
had no sooner repaired the old fort called by his 
name, than he formed a design of invading the coun- 
try of the Five Nations with a great army. For this 
purpose, in 1696, he convened at Montreal, all the 
regulars as well as Militia under his command ; the 
Owenagungas, Quatoghies of Loretto, Adirondacks. 



H [STORY OF NEW-YORK. 139 

♦^okakies, Nipiciriniens, the proselyted praying In- 
dians of the F'ive Nations, and a few Utawawas. 
Instead of wagons and horses, which are useless in 
such a country as he had to march through, the army 
was conveyed through rivers and lakes in light 
barks, which were portable whenever the rapidity of 
the stream and the crossing an isthmus rendered it 
necessary. The count left La Chine, at the south 
end of the island of Montreal, on the 7th of July. 
Two battalions of regulars, under the command of 
Le Chevalier de Callieres, headed by a number of 
Indians, led the van, with two small pieces of can- 
non, the mortars, grenadoes, and ammunition. After 
them followed the provisions : then the main body, 
with the count's household, a considerable number 
of volunteers, and the engineer; and four battalions 
of the militia commanded by Monsieur De Ramezai, 
governor of Trois Rivieres Two battalions of regu- 
lars and a few Indians, under the Chevalier de Vau- 
drueil, brought up the rear. 

Before the army went a parcel of scouts, to 
descry the tracks and ambuscades of the enemy. 
After twelve days march, they arrived at j3adaracqui, 
about one hundred and eighty miles from Montreal, 
and then crossed the lake to Oswego. Fifty men 
marched on each side of the Onondaga river, which 
is narrow and rapid- When they entered the little 
lake*, the army divided into two parts, coasting along 
the edges, that the enemy might be uncertain as to 
the place of their landing ; and where they did land 

* The Onondaga or Oneida Lake, noted for a good salt pit at the south-east, 
end ; which, as it may be very advantageous to the garrison at OswegO: it is 
ped the go-^emment will never grant to any private company. 



140 HISTORY OF NEW-YORK. 

they erected a fort. Tlie Onondagas had sent away 
their wives and children, and were determined to 
'defend tneir castle, till they were informed by a de- 
serter «)f tlie superior strength of the French, and the 
nature of b«>nibs, which were intended to be used 
against them ; and then, after setting fire to their 
villao"e, they retired into the woods. As soon as 
the count heard of this, he marched to their huts in 
order of battle ; being himself carried in an elbow 
chair behind the artillery. With this mighty appa- 
ratus he entered it, and the destruction of a little 
Indian corn was the great acquisition. A brave sa- 
chem, then about a hundred years old, was the only 
person who tarried in the castle to salute the old 
general. The French Indians put him to torment, 
which he endured with astonishing presence of mind. 
To one who stabbed liim with a knife, "you had 
better," says he, " make me die by fire, that these 
French dogs may learn how to suffer like men : you 
Indians, their allies, you dogs of dogs, think of me 
when you are in the like condition."* This sachem 
was the only man of all the Onondagas that was 
killed ; an4 had not thirty-five Oneidas, who waited 
to receive Vaudrueil at their castles, been afterwards 
basely carried into captivity, the count wculd have 
returned without the least mark of triumph. As soon 
as he began his retreat the Onondagas followed, 
and annoyed his army by cutting off* several batteaux. 
This expensive enterprise, and the continual 
incursions of the Five Nations on the country near 
Montreal, again spread a famine through all Canada. 

* " Never perhaps (says Charlevoix) was a man treated with more cruelly, 
nor did any ever lear it with superior magnanimity and resolution .'■ 



HISTORY OF NEW-YORK. 141 

The count, however, kept up his spirits to tlie last, 
and sent out scalping pnrlies, who infrsted Albany 
as our Indians did Montreal, till the treaty of peace 
signed at Ryswick, in 1697 

Richard, Earl of Belloinont, was appointed to 
succeed colonel Fletcher, in the year 1695, but did 
not receive his coiumission till the UUh of June, 
1697 ; and as he delayed his voyage till after the 
peace of Ryswick, which was signed the 10th of 
September following, he was blown off our coast to 
Barbadoes, and did not arrive here before the 2d of 
April. 1698. 

During the late war the seas were extremely 
infested with English pirates, some of whom sailed 
out of New- York ; and it was strongly suspected 
that they had received too much countenance here, 
even from the government, during Fletcher's ad- 
ministration. His lordship's promotion to the chief 
command of the Massachusetts Bay and New Hamp- 
shire, as well as this province, was owing partly to 
his rank, but principally to the affair of the pirates ; 
and the multiplicity of business to which the charge 
of three colonies would necessarily expose him, 
induced the earl to bring over with him John Nanfan, 
his kinsman, in the quality of our lieutenant governor.* 
When lord Bellomont was appointed to the govern- 
ment of these provinces, the king did him the honour 
to say " that he thought him a man of resolution 
and integrity, and with these qualities more likely 
than any other he could think of to put a stop to 
the growth of piracy." 

* His commission was dated the 1st of July, 1697. 



142 HISTORY OF NEW- YORK. 

Before the earl set out for America, he became 
acquainted with Robert Livingston, esq.* who was 
then in England, soliciting his own affairs before 
the council and the treasury. The earl took occasion, 
in one of his conferences with Mr. Livingston, to 
mention the scandal the province was under on 
account of the pirates. The latter, who confessed 
it was not without reason, brought the earl acquainted 
with one Kid, whom he recommended as a man of 
integrity and courage, that knew the pirates and 
their rendezvous, and would undertake to apprehend 
them, if the king would employ him in a good 
sailing frigate of thirty guns and one hundred and 
tifty men. The earl laid the proposal before the 
king, who consulted the admiralty upon that subject; 
but this project dropped, through the uncertainty 
of the adventure, and the j^'rejich war, which gave 
full employment to all the ships in the navy. Mr. 
Livingston then proposed a private adventure against 
the pirates, offering to be concerned with Kid a fifth 
part in the ship and charges, and to be bound for 
Kid's fjiithful execution of the commission. The 
king then approved of the design, and reserved a 
tenth share to show that he w as concerned in the 
enterprise. Lord chancellor Somers, the duke of 
Shrewsbury, the earls of Romney and Oxford, Sir 

* This gentleman was a son of Mr. John Livingston, one of the commis- 
sioners from Scotland to King Charles II. while he was an exile at Breda. He 
was a clergyman distinguished by his zeal and industry ; and for his opposition 
to episcopacy, became so obnoxious after the Restoration to the English court, 
that he left Scotland, and took the pastoral charge of an Enghsh presbyterian 
church in Rotterdam. His descendants are very numerous in this province, and 
the family in the first rank for their wealth, morals, and education. The original 
Diary, in the hand-writing of their common ancestor, is still amongst tliem, and 
contains a history of his life. 



HISTORY OF NEW- YORK. 143 

Edmund HaiTison and others, joined in the scheme;, 
agreeing to the expense of £6000. But the man- 
agement of the whole affair was left to lord Bello- 
mont, who gave orders to Kid to pursue his com- 
mission, which was in common form. Kid sailed 
from Plymouth for New-York, in April, 1696 ; and 
afterwards turned pirate, burnt his ship, and came 
to Boston, where the earl apprehended him. His 
lordship wrote to the secretary of state, desiring 
that Kid might be sent for. The Rochester man- 
of-war was dispatched upon this service, but being 
driven back, a general suspicion prevailed in Eng- 
land, that all was collusion between the ministry 
and the adventurers, who, it was thought, were 
unwilling Kid should be brought home, lest he might 
discover that the chancellor, the duke, and others, 
were confederates in the piracy. The matter even 
proceeded to such lengths, that a motion was made 
in the house of commons, that all who were con- 
cerned in the adventure might be turned out of 
their employments, but it was rejected by a great 
majority. 

The tory party who excited these clamours, though 
they lost their motion in the house, afterwards 
impeached several whig lords ; and, among other 
articles, charged them with being concerned in 
Kid's piracy. But these prosecutions served only 
to brighten the innocency of those against whom 
they were brought ; for the impeached lords were 
honourably acquitted by their peers. 

Lord Bellomont's commission was published in 
council on the day of his arrival ; colonel Fletcher, 
who still remained governor under the proprietors 



144 HISTORY OF NEW-YORK. 

of Pennsylvania, and lieutenant governor NanfaD 
being present. The members of the council were. 

Frederick Fhilipse, William Nicoll, 

Stephen Van CoRTLANDT, Thomas Willet, 
Nicholas Bayard, William Pinhorne, 

Gabriel Mienvielle, John Lawrence. 
William Smith, 

After the earl had dispatched captain John Schuy- 
ler and Deiiius, the Dutch minister of Albany, to 
Canada with the account of the peace, and to 
solicit a mutual exchange of prisoners, he laid 
before the council the letters from secretary Vernon 
and the East India Company, relating to the pirates : 
informing that board that he had an affidavit, that 
Fletcher had permitted them to land their spoils in 
this province, and that Mr. Nicoll bargained for 
their protections, and received for his services eight 
hundred Spanish dollars. Nicoll confessed the 
receipt of the money for protections, but said that 
it was in virtue of a late act of assembly, allowing 
privateers on their giving security ; but he denied 
the receipt of any money from known pirates. One 
Weaver was admitted at this time into the council 
chamber, and acted in the quality of king's council : 
and in answer to Mr. Nicoll, denied that there 
was any such act of assembly as he mentioned. 
After considering the whole matter, the council 
advised his excellency to send Fletcher home, but to 
try Nicoll here, because his estate would not bear the 
expense of a trial in England. Their advice was 
never carried into execution, which was probably 
owing to a want of evidence against the parties 



HISTORY OF NEW-YORK. 145 

accused. It is nevertheless certain, that tlie pirates 
were frequently in the sound, and su{)plied with 
provisions by the inhabitants of Long-Island, who 
for many years afterwards v\ere so infatuated with a 
notion that the pirates buried great quantities of 
money along the coast, that there is scarce a point of 
land, or an island, without the marks of their auri 
sacra fames. Some credulous people have ruined 
themselves by these researches, and propagated a 
thousand idle fables, current to this day among our 
country farmers. 

As Fletcher, through the whole of his administra- 
tion, had been entirely influenced by the enemies of 
Leisler, nothing? could be more aoreeable to the 
numerous adherents of that unhappy man, than the 
earl's disaffection to the late governor. It was for 
this reason they immediately devoted themselves to 
his lordship as the head of their party. 

The majority of the members of the council were 
Fletcher's friends, and there needed nothing more 
to render them obnoxious to his lordship. Leislcr's 
advocates at the same time mortally hated them ; 
not only because they had imbrued their hands in 
the blood of the principal men of their party, but 
also because they had engrossed the sole confidence 
of the late governor, and brought down his resent- 
ment upon them Hence, at the commencement of 
the earl's administration, the members of the council 
had every thing to fear ; while the party Jhey had 
depressed began once again to erect its head under 
the smiles of a governor who was fond of their aid, 
as they were solicitous to conciliate his favour. Had 

VOL. 1. — 19 



/ 



146 HISTORY OF NEW-YORK. 

the earl countenanced the enemies as well as the 
friends of Leisler, which he might have done^ his 
administration would doubtless have been easier to 
himself and advantageous to the province ; but his 
inflexible aversion to Fletcher prevented his acting 
with that moderation which was necessary to enable 
him to govern both parties. The fire of his temper 
appeared very early, on his suspending Mr. iSicoU 
from the board of council, and obUging him to enter 
into a recognizance in £2000, to answer for his 
conduct relating to the protections. But his speech 
to the new assembly convened on the 18th of May, 
gave the fullest evidence of his abhorrence of the 
late administration. Philip French was chosen 
wspeaker, and waited upon his excellency with the 
house, when his lordship spoke to them in the 
following manner : 

" I cannot but observe to you what a legacy my 
predecessor has left me, and what difficulties to 
struggle with ; a divided people, an empty purse, a 
few miserable naked half-starved soldiers, not half 
the number the king allowed pay for: the fortifications 
and even the governor's house very much out of repair, 
and in a word the whole government out of frame. It 
hath been represented to the government in England; 
that this province has been a noted receptacle of 
pirates, and the trade of it under no restriction^ but 
the acts of trade violated by the neglect and con- 
nivance of those whose duty it was to have pre- 
vented it." 

After this introduction he puts them in mind that 
the revenue was near expiring. *' It would be hard, 



HISTORY OF INEW-YORK. 147 

h^ays he, it' I tliat come among you with an honest 
mind and a resokilion to be just to your interest, 
should meet with greater diHieulfies in th(> discharsfe 
of his majesty's service than those thnt have gone 
before me. I vvi!l faLe care there shall be no 
misapplication of the public money. 1 will pocket 
none of it myself, nor shall there be any embezzle- 
ment by others ; but exact accounts shall be given 
you when and as often as you shall require " 

It was customary with Fletcher to be present in 
the field to influence elections ; and as the assembly 
consisted at this time of but nineteen members, they 
were too easily influenced to serve the private ends 
of a faction. For that reason, his lordship was warm 
in a scheme of increasing their number at present to 
thirty, and so in proportion as the colony became 
more populous ; and hence we find the following 
clause in his speech " You cannot but know what 
abuses have been formerly in elections of members 
to serve in the general assembly, which tends to the 
subversion of your liberties. I do therefore recom- 
mend the making of a law to provide against it." 

The house, though unanimous in a hearty address 
of thanks to the governor for his speech, could scarce 
agree upon any thing else. It was not till the be- 
ginning of June that they had finished the contro- 
versies relating to the late turbulent elections ; and 
even then six members seceded from the house, 
which obliged his excellency to dissolve the assembly 
on the 14th of June, 1698. About the same time the 
governor dismissed two of the council ; Piidiorne, 
for disrespectful words of the king, and Brook, the 
receiver-general, who was also turned out of that 



148 HISTORY OF NEW-YORK. 

office as well as removed from his place on the 
bench. 

Ill July, the deputies from the French concerning 
the exchanfring of prisoners, obliged his excellency 
to go up to Albany When the earl sent the account 
of the conclusion of the peace to the governor of 
Canada, all the French prisoners in our custody were 
restored, and as to those among the Indians, he 
promised to order them to be safely escorted to 
Montreal. His lordship then added, " I doubt not, 
sir, that you on your part will also issue an order to 
reheve the subjects of the king captivated during the 
war, whether christians or Indians." 

The count fearful of being drawn into an implicit 
acknowledgment that the Five Nations were subject 
to the English crown, demanded the French prison- 
ers among the Indians to be brought to Montreal ; 
threatening at the same time to continue the war 
against the confederates if they did not comply with 
his request. After the earl's interview with them he 
wrote a secon<l letter* to the count, informing him 
that they had importtmately begged to continue under 
the protection of the Fnglish crown, professing an 
inviolable subjection and fidelity to his majesty ; and 
that the Five Nations were always considered as 
subjects ; which, says his lordship, " can be mani- 
fested to all the world by authentic and solid proofs " 
His lordship added that he would not suffer them to 
be insulted, and threatened to execute the laws of 
England upon the missionaries, if they continued 

* Charlevoix has published both these letters at large, together with count 
Frontenac's answer. I have had no opportunity of inquiring mto the Jesuit's 
integrity in these transcripts, being unable to find his lordship's letters in the 
wcretarv's office. 



HISTORY OF NEW-YORK. 149 

any longer in the Five Cantons. A resolute spirit 
runs through the whole letter, which concludes in 
these words: **if it is necessary I will arm every 
man in the provinces under my government, to 
oppose you, and redress the injury that you may 
perpetrate against our Indians." The count in his 
answer proposed to refer the dispute to the commis- 
saries, to be appointed according to the treaty of 
Ryswick ;* but the earl continued the claim, insisting 
that the French prisoners should be delivered up at 
Albany. 

The French count dying while this matter was 
controverted, Monsieur De Callieres his successor, 
sent ambassadors the next year to Onondaga, there 
to regulate the exchange of prisoners, which was 
accomplished without the earl's consent ; and thus 
the important point in dispute remained unsettled. 
The Jesuit Bruyas who was upon this embassage, 
offered to live at Onondaga, but the Indians refused 
his belt, saying that Corlear or the governor of New- 
York, had already offered them ministers for their 
instruction. 

Great alterations were made in council at his ex- 
cellency's return from Albany. Bayard, Meinvielle, 
Willet, Townly, and Lawrence, were all suspended 
on the 28th of September; and colonel Abraham 
Depeyster, Robert Livingston, and Samuel Staats, 
called to that board. The next day Frederick 
Philipse resigned his seat, and Robert Walters was 
sworn in his stead. 



* The count misunderstood tlie treaty. No provision was made by it for 
commissaries to settle the limits between the English and French possessions, but 
only to examine and determine the controverted rights and pretensions to Hud- 
son's Bay. 



150 HISTORY OF ^E^\-Y01llv. 

The earl assigned as reasons for Mr. Bayard^s 
suspension, 

1. That he advised governor Fletcher to issue a 
proclamation for the currency of dog dollars, contrary 
to his oath and the king's instructions. 

2. That he connived at an illegal commerce with 
foreign ships at New-York. 

3. That he connived at Fletcher's granting com- 
missions to pirates manned here for the Red Sea ; 
procured protections from the governor, and re- 
ceived a reward ; advised to a piratical ship's being 
admitted into port with her spoils, and connived at 
Fletcher's receipt of presents from pirates. 

4. That he advised to Fletcher's frequent misap- 
plications and embezzlements of the king's revenue, 
and other moneys appropriated by the assembly for 
special and public uses. 

5. That he advised to extravagant grants, and 
took one to himself of land belonging to the Mo- 
hawks, as large as one of the middle counties in 
England, without referrir»g a reasonable quit rent. 

6. That he advised the governor's going into the 
field at elections, where he named members for the 
assembly with threatening and abusive language, 

7. That he connived at the governor's neglect of 
the frontiers. 

8. That he advised the printing a scandalous and 
malicious pamphlet, entitled a letter from a gentle- 
man of the city of ^ew-York to another, concerning 
the troubles which happened in this province in the 
tim^'. of the late happy revolution, to >tir up sedition 
and inflame the colony, in compliance with Fletcher's 
wicked designs, to gratify his own implacable malice 



HISTORY OF NEW- YORK. 151 

against those who were most active in the revolu- 
tion. 

9. That a few days after his (lord Bellamont's) 
arrival, he confederated with several persons disaf- 
fected to his majesty's government, in an address to 
governor Fletcher, applauding his justice in counte- 
nancing illicit trade, and at the same time upbraided 
the earl as discouraging commerce by issuing his 
warrant for seizing the ship Fortune and goods un- 
lawfully imported in that bottom, 

10, That contrary to his duty and oath he conspired 
against the king's government, by raising scandalous 
reports to misrepresent his lordship's government, 
and assisted in forging several false and groundless 
articles against his lordship, and without his know- 
ledge. 

Mr. Bayard gave a written answer from New- 
Jersey on the 1 7th of October, 1698, thirteen days 
after he had a copy of the charges against him ; and 
intended, as it appears from his letter to his lordship, 
to sail for England. This defence follows the order 
of the impeachments. The proclamation he alleges 
was issued with the advice of the attorney-general 
as well as the rest of the council board, and fixed a 
dog dollar at five shillings and sixpence, though cur- 
rent in other colonies at six shillings. That this 
money had and retained a currency before and after 
the proclamation and if the treasury had lost by the 
receipt of them, he offered to exchange them out of 
his own purse. 

The second article he absolutely denies, and to 
account for the third, he says that several years pre- 
vious he had bv letter to srovernor Fletcher, then at 



152 HISTORY OP NEW- YORK. 

Philadelphia, requested his favor in behalf of one 
Thomas Lewis, who had been abroad in a priva- 
teer, some of the crew of which had killed the mas- 
ter ; and of one Barent Rynderson a comrade of 
Lewis. That the letter was written at the request 
of their neighbours Leenders Lewis and Samuel 
Staats ; the former a brother to Thomas Lewis, and 
the other brother-in-law to Barent Rynderson, and 
one of his lordship's new counsellors, and very soli- 
citous to procure governor Fletcher's licence for the 
return of their relations, and their settlement in New- 
York. That the governor granted the favour desired, 
and inclosed the licences to him, which he delivered 
to Leenders Lewis and Samuel Staats, who, unre- 
quested, ofl'ered him a bag of one hundred pieces of 
Eight for the governor, and eighteen or twenty du- 
cats for himself, both of which he refused to accept 
until he was importuned to gratify their desire of 
testifying their acknowledgment of the great favour 
they had received ; and for the confirmation of this 
narration he urges an examination of the tour persons 
above named, all of them in town. He adds that the 
licences were upon condition of continuing in the 
province and being of the good behaviour, and at 
that day were commonly called protections. 

4th. He denies this charge, declaring that he 
advised the borrowing money of the receiver-general 
about six years before, to repel the French who had 
advanced near to Schenectady, out of any funds in 
his hands, and had himself made loans to the public 
during the war, and bound himself to indemnify Mr. 
Livingston and other lenders, not disposed to rely 
on the justice of the country, for their disbursements. 



HISTORY OF NEW-YOKK. 15S 

5th, He owns his grant for Schoharie; thinks it no 
crime to accept the patent ; asserts tlmt others who 
had governor Duncan's leave to purchase it, refused 
the price demanded, and that then he petitioned 
for it and drove the bargain with the Indians who 
never complained, " except the meanest," of the 
sale. He applauds the patents to colonel Schuyler 
and Don Dellius. The clamours against them he 
imputes to the envy of the Indian traders at Albany. 
Thinks our approaches to the Indians conducive to 
the spreading of Christianity Assigns the desertion 
of the Caghnuagas to the thirst of the Mohawks 
after instruction and the aid given to them by the 
French for obtaining it, conceives the settlement of 
the interior lands consistent with policy, as well as 
piety, in better watching the intrigues of the French. 

6th. He admits the allegation that the governor 
had attended elections ; but he denies that it was 
with his advice, and he exculpates him from the 
charge of menacing the people, to whom he heard 
him recommend a peaceable ticket, which was flight- 
ed and the governor gone before the election 

7th. Acquitting the governor of any neglect of the 
frontiers, he refutes the accusation of his uwn con- 
nivance at this default, and observes that the advice 
of council on these subjects were ntm. con. and 
would expose persons still retained at that board 
to as much censure as himself, who are nevertheless 
not blamed. 

8th. He avers that the pamphlet excepted to 

contains nothing but the truth with respect to the 

revolution ; he informs his lordship that lieutenant 

governor Nicholson and the council changed the 

VOL. I.— 20 



154 HISTORY OF NEW-YORK. 

government by a convention of all the civil and 
military officers, for the purpose of executing mea- 
sures by them concerted till orders arrived from Eng- 
land. That this was commujiicated by express to the 
secretary of state and the lords of the plantation office, 
long before others applauded by his lordship thrust 
themselves into power for private ends, imposing 
reports upon the public of Jacobites and papists, of 
whom there were not ten in the colony. He avows 
his own zeal for the revolution, but that he thought 
the operations here ought to have been conducted 
according to intimations from home, and accord mg 
to the examples of Virginia, Barbadoes and Jamaica, 
without altering the colony constitution until orders 
were received for that purpose from England. 

He recapitulates his sufferings under ihe ruling 
party, driven into exile and imprisoned after fourteen 
months, bail refused, fettered with irons, robbed, and 
that he still remains unredressed. 

And to the 9th and 1 Oth articles he opposed a flat 
and peremptory denial of their truth. 

The new assembly, of which James Graham was 
chosen speaker, met in the spring. His excellency 
spoke to them on the 21st of March, 1699. 

As the late assembly was principally composed 
of anti-Leislerians, so this consisted almost entirely 
of the opposite party. The elections were attended 
\vith great outrage and tumult, and many applica- 
tions made relating to the returns ; but as Abraham 
Governeur, who had been secretary to Leisler, got 
returned for Orange county, and was very active in 
the house,* all the petitions were rejected without 
ceremony. 

' Mr. Governeur married Milborne's widow. 



ill STORY OF NEW-YORK. 155 

Among tlie priiicipa] acts passed at this session, 
there was one for indemnitying (hose who were ex- 
cepted out of the ffenerai pardon in 1691 ; another 
against pirates ; (»ne for the settlement of Milborne's 
estate ; an'? anotlier to raise fifteen hundred pounds 
as a present to his lordslii[), and five hundred pounds 
for the lieutenant governor, his kinsman. Besides 
which the revenue was continued for six years 
longer. A necessary law was also made for the 
regulation of elections, containing the substance of 
the English statutes of 8 Hen. Vi. Chap. VII. and 
the 7 and 8 Will. III. 

This assembly took also into consideration sundry 
extravagant grants of land which colonel Fletcher 
had made to several of his favourites. Among these, 
two grants to Dellius, the Dutch minister, and one 
to Nicholas Bayard, were the most considerable. 
Dellius was one of the commissioners for Indian 
affairs, and had fraudulently obtained the Indian 
deeds, according to which the patents had been 
granted. One of the grants included all the lands 
within twelve miles on the east side of Hudson's 
riverj and extended twenty miles in length from the 
north bounds of Saratoga. The second patent, 
which was granted to him in company with Pin- 
horne, Bancker, and others, contained all the lands 
within two miles on each side of the Mohawks' river, 
and along its banks to the extent of fifty miles. Bay- 
ard's grant was also for land in that country, and very 
extravagant. Lord Bellomont, who justly thought 
these great patents, with the trifling annual reserva- 
tion of a few skins, would impede the settlement of the 
country, as well as alienate the affections of our Indian 



156 HISTORY OF NEW-YORK. 

allies, wisely procured recommendatory instructions 
from the lords justices for vacating those patents, 
which was now regularly accomplished by a law, 
and Dellius was suspended from his ministerial 
functions. 

The earl having carried all his points at New- 
York, set out for Boston in June, whence, after he 
had settled his salary, and apprehended the pirate 
Kid, he returned here again in the fall. 

The revenue being settled for six years, his lord- 
ship had no occasion to meet the assembly till the 
summer of the year 1700; and then indeed little 
else was done than to pass a few laws. One for 
hanging every popish priest that came voluntarily 
into the province, which was occasioned by the great 
number of French Jesuits, who were continually 
practising upon our Indians. By another provision 
was made for erecting a fort in the country of the 
Onoodagas, but as this was repealed a few months 
after the king's providing for that purpose, so the 
former continues, as it for ever ought, in full force 
to this day. 

The earl was a man of art and polite manners, 
and being a mortal enemy to the French, as well as 
a lover of liberty, he would doubtless have been of 
considerable service to the colony ; but he died here 
on the 5th of March, 1701, when he was but just 
become acquainted with the colony. 

The earl of Bellomont's death was the source of 
new troubles, for Nanfan, the lieutenant governor, 
being then absent in Barbadoes, high disputes arose 
among the counsellors, concerning the exercise of 
the powers of government. Abraham De Peyster, 



HISTORY OF NEW-YORK. 157 

Samuel Staats, Robert Walters, and Thomas Wea- 
ver, who aided with the parly that adhered to Leisler, 
insisted that the government was devolved upon the 
council, who had a right to act by a majority of 
voices ; but colonel Smith contended that all the 
powers of the late governor were devolved upon 
him as president, he being the eldest member of 
that board. Colonel Schuyler and Robert Living- 
ston, who did not arrive in town till the 21st of 
March, joined Mr. Smith, and refused to appear at 
the council board till near the middle of April. The 
assembly, which was convened on the 2d of that 
month, were in equal perplexity, for they adjourned 
from day to day, waiting the issue of this rupture. 
Both parties continuing inflexible, those members 
who opposed colonel Smith sent down to the house 
a representation of the controversy, assigning a 
number of reasons for the sitting of the assembly, 
which the house took into their consideration, and 
on the 16th of April resolved, that the execution 
of the earl's commission and instructions, in the 
absence of the lieutenant governor, was the right 
of the council by majority of voices, and not of any 
single member of that board ; and this was after- 
wards the opinion of the lords of trade. The dis- 
putes, nevertheless, continuing in the council strenu- 
ously supported by Mr. Livingston, the house, on 
the 1 9th of April, thought proper to adjourn them- 
selves to the first Tuesday in June. 

In this interval, on the 19th of May, John Nanfan, 
the lieutenant governor, arrived, and settled the 
controversy by taking upon himself the supreme 
command. 



158 HISTORY OP NEW- YORK. 

Upon Mr. Nanfan's arrival, we had the agreeable 
news that the king had given two thousand pounds 
sterling for the defence of Albany and Schenectady, 
as well as five hundred pounds more for erecting a 
fort in the country of the Onondagas. And not 
long after an ordinance was issued, agreeable to 
the special direction of the lords of trade, for erect- 
ing a court of chancery, to sit the first Thursday in 
every month. By this ordinance the powers of the 
chancellor were vested in the governor and council, 
or any two of that board : commissions Avere also 
granted, appointing masters, clerks, and a register; 
so that this court was completely organized on the 
2d of September, 1701. 

Atwood, who was then chief justice of the supreme 
court, was now sworn of the council. Abraham De- 
peyster and Robert Walters were his assistants on 
the bench ; and the former was also made deputy 
auditor-general under Mr. Blaithwait. Sampson 
Shelton Broughton was the attorney-general, and 
came into that office when Atwood took his seat on 
the bench, before the decease of lord Bellomont. 
Both these had their commissions from England. 
The lieutenant governor and the major part of the 
board of council, together with the several officers 
above named, being strongly in the interest of the 
Leislerian party, it was not a little surprising that 
Mr. Nanfan dissolved the late assembly on the 1st of 
June last. 

Great were the struggles at the ensuing elections, 
which however generally prevailed in favour of those 
who joined Leisler at the revolution ; and hence, when 
the new assembly met on the 19th of Auarust, 1701, 



HISTORY OF NEW-VORK. 159 

Abraham Governeur was elected for their speaker. 
Dutchess* was thought heretofore incapable of bear- 
ing the charge of a representation ; but the people 
of that county, now animated by the heat of the 
times, sent Jacob Rutsen and Adrian Garretson to 
represent them in assembly. 

Mr. Nanfan, in his speech to the house, informs 
them of the memorable grant made to the crown, 
on the 19th of July, by the Five Nations, of a vast 
tract of land, to prevent the necessity of their sub- 
mitting to the French in case of a war ; that his 
majesty had given out of his exchequer two thousand 
five hundred pounds sterling for forts, and eight 
hundred pounds to be laid out in presents to the 
Indians ; and that he had also settled a salary of 
three hundred pounds on a chief justice, and one 
hundred and fifty pounds on the attorney-general, 
who were both now arrived here. 

The fire of contention which had lately appeared 
in the tumultuous elections blazed out afresh in the 
house. Nicoll, the late counsellor, got himself elected 
for Suffolk, and was in hopes of being seated in the 
chair ; but Abraham Governeur was chosen speaker. 
Several members contended that he, being an alien, 
was unqualified for that station. To this it was 
answered, that he was in the province in the year 
1683, at the time of passing an act to naturalize all 
the free inhabitants professing the christian religion ; 
and that for this reason the same objection against 
him had been overruled at the last assembly. In 
return for this attack, Governeur disputed Nicoll's 

* That county, now so numerous and opulent, was assessed iu the year 170'2 
fielow any other, contributing but £18 to a general fax of £2000. 



160 HISTORY OF INEW-YORK. 

right for sitting as a member of that house ; and 
succeeded in a resolve that he and Mr. Wessels, 
who had been returned for Albany, were both un- 
qualified according to the late act, they being neither 
of them residents in the respective counties for which 
they were chosen. This occasioned an imprudent 
secession of seven members, who had joined the 
interest of Mr. Nicoll, which gave their adversaries 
an opportunity to expel them and introduce others 
in their stead. 

Among the first opposers of captain Leisler none 
was more considerable than Mr. Livingston. The 
measures of the convention at Albany were very 
much directed by his advice, and he was peculiarly 
obnoxious to his adversaries because he was a man 
of sense and resolution, two qualifications rarely to 
be found united in one person at that day. Mr. 
Livingston's intimacy with the late earl had till this 
time been his defence against the rage of the party 
which he had formerly opposed ; but as that lord was 
now dead, and Mr. Livingston's conduct in council, 
in favour of colonel Smith, had given fresh provoca- 
tion to his enemies, they were fully bent upon his 
destruction. It was in execution of this scheme, that 
as soon as the disputed elections were over, the 
house proceeded to examine the state of the public 
accounts, which they partly began at the late 
assembly. 

The pretence was, that he refused to account for 
the public moneys he had formerly received out of 
the excise ; upon which a committee of both houses 
advised the passing a bill to confiscate his estate, 
unless he agreed to account by a certain day. But 



HISTORY OF NEW-YORK. 161 

instead of this, an act was afterwards passed to 
oblige him to account for a sum amounting to near 
eighteen thousand pounds While this matter was 
transacting, a new comphiint was forged, and he 
was summoned before aiiollier committee of both 
houses, relating to his procuring the Five Nations 
to signify their desire that he should be sent home 
to solicit their affairs. The criminality of this charge 
can be seen only through the partial optics with 
which his enemies then scanned his behaviour : be- 
sides there was no evidence to support it, and there- 
fore the committee required him to purge himself 
by his own oath. Mr. Livingston, who was better 
acquainted with English law and liberty than to 
countenance a practice so odious, rejected the inso- 
lent demand with disdain ; upon which the house, by 
advice of the committee, addressed the lieutenant- 
governor, to pray his majesty to remove him from 
his office of secretary of Indian affairs, and that the 
governor in the mean time would suspend him from 
the exercise of his commission.^ 

It was at this favourable conjuncture that Jacob 
Leisler's petition to the king, and his majesty's letter 
to the late earl of Bellomont, were laid before the 
assembly. Leisler displeased with the report of 
the lords of trade, that his father and his brother 
Milborne had suffered according to law, laid his case 
beforo the parliament, and obtained an act to reverse 
the attainder.! After which he applied to the king, 

* Mr. Livingston's reason for not accounting was truly unanswerable; his 
books and vouchers were taken into the hands of the government, and detametJ 
from him. 

t See Note K. 

VOL. I.— 21 



162 HISTORY OF NEW-YORK. 

complaining that his father had disbursed about 
four thousand pounds, in purchasing arms and for- 
warding the revolution ; in consequence of which 
he procured the following letter to lord Bellomont, 
dated at Whitehall, the 6th of February, i^||. 

" My Lord, 
" The king being moved upon the petition of Mr. 
Jacob Leisler, and having a gracious sense of his 
father's services and sufferings, and the ill circum- 
stances the petitioner is thereby reduced to, his 
majesty is pleased to direct, thai the same be trans- 
mitted to your lordship, and that you recommend 
his case to the general assembly of New-York, being 
the only place where he can be relieved, and the 
prayer of his petition complied with. 
" I am, my lord, your lordship's 

** Most obedient and humble servant, 

" JERSEY." 

As soon as this letter and the petition were 
brought into the house, a thousand pounds were 
ordered to be levied for the benefit of Mr. Leisler, 
as well as several sums for other persons, by a bill 
for paying the debts of the government, which never- 
theless did not pass into a law till the next session. 
Every thing that was done at this meeting of the 
assembly, which continued till the 1 8th of October, 
was under the influence of a party spirit ; and 
nothing can be a fuller evidence of it, than an incor- 
rect, impertinent address to his majesty, which was 
drawn up by the house at the close of the session, 
and siffned bv fourteen of the members. It contains 



HISTORY OF NEW-YORK. 165 

a tedious narrative of their proceedings relating to 
the disputed elections, and concludes with a little 
incense, to regale some of the then principal agents 
in the public affairs, in these words : 

" Tliis necessary acc.ount of ourselves and our 
unhappy divisions, which we hope the muderation of 
our lieutenant-governor, the wisdom and prudence 
of William Atwood, esq. our chief justice, and Tho- 
mas Weaver, esq. your majesty's collector and 
receiver-general, might have healed, we lay before 
your majesty with all humility, and a deep sense of 
your majesty's goodness to us, lately expressed in 
sending over so excellent a person to be our chief 
justice." 

The news of the king's having appointed lord 
Cornbury to succeed tlie earl of Bellomont, so 
strongly animated the hopes of the Anti-Leislerian 
party, that about the commencement of the year 
1702, Nicholas Bayard promoted several addresses 
to the king, the parliament, and lord Cornbury, which 
were subscribed at a tavern kept by one Hutchins, an 
alderman of the city of New- York. In that to his 
majesty, they assure him "that the late differences 
were not grounded on a regard to his interest, but 
the corrupt designs of those who laid hold on an 
opportunity to enrich themselves by the spoils of their 
neighbours." The petition to the parliament says 
that Leisler and his adherents gained the fort at the 
revolution without any opposition ; that lie oppressed 
and imprisoned the people without cause, plundered 
them of their goods and compelled them to flee their 
country, though they were well affected to the prince 
of Oranjxe. That the earl of Bellomont appointed 



164 HISTORY OF NEW-YORK. 

indijofent sheriffs, who returned such members to the 
assembly as were unduly elected, and in his lord- 
ship's esteem. That he suspended many from the 
board of council, who were faithful servants of the 
crown, introducing^ his own tools in their stead. Nay 
they denied the authority of the late assembly, and 
added that the house had bribed both the lieutenant- 
governor and the chief justice ; the one to pass their 
bills, and the other to defend the legality of their 
proceedings. A third address was prepared to be 
presented to lord Cornbury, to congratulate his 
arrival, as well to prepossess him in their favour as 
to prejudice him ngninst the opposite party. 

Nothing could have a more natural tendency to 
excite the wrath of the lieutenant-governor and the 
revenge of the council and assembly, than the reflec- 
tions contained in those several addresses. Nanfan 
had no sooner received intelligence of them than he 
summoned Ilutchins to deliver them up to him, and 
upon his refusal committed him to jail on the 19th of 
January ; the next day Nicholas Bayard, Rip Van 
Dam, Philip French, and Thomas Wenham, hot with 
party zeal, sent an imprudent address to the lieu- 
tenant-governor, boldly justifying the legality of the 
address, and demanding his discharge out of custody. 
I have before taken notice that upon Sloughter's 
arrival in 1691, an act was passed to recognize the 
right of king William and queen Mary to the sove- 
reignty of this province. At the end of that law, a 
clause was added in these words : " That whatsoever 
person or persons shall by any manner of ways, or 
upon any pretence whatsoever, endeavour by force of 
arms or otherwise to disturb the peace, good, and 



HISTORY OF NEW-YORK. 165 

quiet of their majesties' government as it is now 
established, shall be deemeci and esteemed as rebels 
and traitors unto their majesties, and incur the pains, 
penalties, and forfeitures as the laws of England 
have for such offences made and provided." Under 
pretext of this law, which Bayard himself had been 
personally concerned in enacting, Mr Nanfan issued 
a warrant for committing him to jail as a traitor, on 
the 21st of January, and lest the mob should inter- 
pose, a company of soldiers for a week after con- 
stantly guarded the prison. 

Through the uncertainty of the time of lord Corn- 
bury's arrival. Mr. Nanf m chose to bring the prisoner 
to his trial as soon as possible, and for that purpose 
issued a commission of over and terminer on the 12th 
of February, to William Atvvood, the chief justice, 
and Abraham Depeyster and Robert Walters, who 
were the puisne judges of the supreme court ; and 
not long after Bayard was arraigned, indicted, tried, 
and convicted of high treason. Several reasons 
were afterwards offered in arj-est of judgment, but 
as the prisoner was unfortunately in the hands of an 
enraged party, Atwood overruled what was offered, 
and condemned him to death on the 16th of March. 
As the process of his trial has been long since printed 
in the state trials at large, I leave the reader to his 
own remarks upon the conduct of the judges, who 
are generally accused of partiality. 

Atwood, the chief justice, stimulated these prose- 
cutions. Lord Cornbury's speech of 13th April, 
1704, proves this : 

" I must acquaint you, gentlemen, that her most 
sacred majesty, the queen, who is always watchful 



166 HISTORY OF NEW-YORK. 

for the good of her subjects, and considering the 
danger that some of her subjects of this colony were 
exposed to, by the wicked construction j)ut by the 
then chief justice upon an act of assembly passed in 
169 1 , intitled "An act &c." has been pleased to com- 
mand me, and to recommend to you the repealing 
the last clause in the said act, her majesty being 
satisfied that no laws now in force in England are 
sufficient to punish any person who shall oftend in 
that manner in these parts. The assembly express 
the highest gratitude, impute the queen's order to 
the misrepresentations of the governor, and rejoice 
that her goodness will put it ** out of the power of 
vile, crafty, designing men, to vent their own wicked 
passions under the specious colours of law and 
justice." 

Bayard applied to Mr. Nanfan for a reprieve till 
his majesty's pleasure might be known, and obtained 
it, not without great difficulty, nor till after a seeming 
confession of guilt was extorted. Hutchins, who 
was also convicted, was bailed upon the payment of 
forty pieces of Eight to the sheriff; but Bayard, who 
refused to procure him the gift of a farm of about 
fifteen hundred pounds value, was not released from 
his confinement till after the arrival of lord Cornbury, 
\yho not only gave his consent to an act for reversing 
the late attainders, but procured the queen's confir- 
mation of it, upon their giving security according to 
the advice of Sir Edward Northey, not to bring any 
suits against those vvho were concerned in their pro- 
secution ; which the attorney-general thought proper, 
as the act ordained all the proceedings to be oblite- 
rated. Prior to the passing of that act Mr. Bayard 



HISTORY OF NEW-YOUK. 167 

preferred what he entitled his petition and appeal to 
queen Anne ; in which he alleges that the indict- 
ment against him was found but by eleven jurors, 
several of whom were aliens. That the addresses 
charged to be treasonable were not read at the trial; 
that the petty jury were aliens unduly returned and 
ignorant of the English language ; this request is for 
a day to be heard, and that copies of records and 
minutes, and depositions attested by lord Cornbury, 
may be received as evidences at the hearing ; that 
the attorney-general may be ordered to attend with 
Atwood and Weaver, who are both fled to London. 
It is some confirmation of the petitioner's alle- 
gations, that the minutes of the privy council of 
22d January, 1 702, recites that the queen had that 
day heard counsel for the petitioner and alderman 
Hutchins ; and Atwood, the chief justice, and Wea- 
ver, the solicitor-general, by themselves and their 
counsels ; and that her majesty having considered 
this matter, was sensible of the undue and illegal 
prosecutions against the said Bayard and Hutchins; 
and lord Cornbury was ordered to direct the attor- 
ney-general of the province " to consent to the re- 
versal of the sentences against them and all issues 
and proceedings thereupon, and to do whatever else 
may be requisite in the laws, for reinstating the said 
Bayard and Hutchins in their honour and property, 
as if no such prosecution or trial had been." This is 
taken from the order under seal of the council sign- 
ed Edward Southwell ; and in the minutes of the 
supreme court for October term, 1703, there is an 
entry in the following words, though it is not known 
how the records of the court of over and terminer 



168 HISTORY OF NEW- YORK. 

got there : "Dotn. Regina vs. Col. Nicholas Bayard. 
Jamison, for defendant, moves to have judgment 
reversed that was given against the defendant for 
high treason, upon several errors brought by the 
direction of the queen in council ; which errors being 
read and allowed by the court, and consented to by 
the attorney-general, it is ordered that judgment be 
reversed accordingly, and that the defendant Bayard 
be restored." 

After Bayard's trial, Nan fan erected a court of 
exchequer, and again convened the assembly, who 
thanked him for his late measures, and passed an 
act to outlaw Philip French and Thomas Wenham, 
who absconded upon Bayard's commitment; another 
to augment the number of representatives ; and 
several others, which were all but one afterwards 
repealed by queen Anne. During this session, lord 
Cornbury being daily expected, the lieutenant- 
governor suspended Mr. Livingston from his seat in 
council, and thus continued to abet Leisler's party 
to the end of his administration. 

Lord Cornbury's arrival quite opened a new scene. 
His father, the earl of Clarendon, adhered to the 
cause of the late abdicated king, and always refused 
the oaths both to king WilliMm and queen Anne ; 
but the son recommended himself at the revolution 
by appearing very early for the prince of Orange, 
being one of the first officers that deserted king 
James's army. King William in gratitude for his 
services gave him a commission for this government, 
which, upon the death of the king, was renewed by 
queen Anne, who at the same time appointed him 
to the chief command of New- Jersey, the govern- 



HISTORY OF NEW-YORK. 169 

ment of which the proprietors had lately surrendered 
into her hands. As lord Cornbury came to this 
province in very indigent circumstances, hunted 
out of England by a host of hungry creditors, he 
was bent upon getting as much money as he could 
squeeze out of the purses of an impoverished people. 
His talents were perhaps not superior to the most 
inconsiderable of his predecessors ; but in his zeal 
for the church he was surpassed by none. With 
these bright qualifications he began his administra- 
tion on the 3d of May, 1702, assisted by a council 
consisting of the following members : — William 
Atwood, William Smith, Peter Schuyler, Abraham 
Depeyster, Samuel Staats, Robert Walters, Thomas 
Weaver, Sampson Shelton Broughton, Wolfgang 
William Romar, William Lawrence, Gerardus 
Beekman, Rip Van Dam. 

His lordship, without the least disguise, espousing 
the anti-Leislerian faction, Atwood, the chief jus- 
tice,* and Weaver, who acted in quality of solicitor- 
general, thought proper to retire from his frowns to 
Virginia, whence they sailed to England: the former 
concealing himself under the name of Jones, while 
the latter called himself Jackson. Colonel Heathcote 
and doctor Bridges succeeded in their places at the 
council board. 

The following summer was remarkable for the 
uncommon mortality which prevailed in the city of 
New- York, and makes a grand epoch among our 

* He was at the same time Judge of the Vice Admiralty, and published his 
case in England, of which the assembly, in May, 1703, assert that it contained 
scandalous, malicious, notorious untruths, and unjust reflections on persons then 
in the administration of the province. 

VOL. I.—22 



170 HISTORY OF NEW- YORK. 

inhabitants, distinguished by the "time of the great 
sickness."* On this occasion lord Cornbury had 
his residence and court at Jamaica, a pleasant 
village on Long-Island, distant about twelve miles 
from the city. 

The inhabitants of Jamaica consisted, at that 
time, partly of original Dutch planters, but mostly 
of New-England emigrants, encouraged to settle 
there, after the surrender, by the duke of York's 
conditions for plantations, one of which was in these 
words: "that every township should be obliged to 
pay their own ministers, according to such agree- 
ments as they should make with him : the minister 
being elected by the major part of the householders 
and inhabitants of the town." These people had 
erected an edifice for the worship of God, and 
enjoyed a handsome donation of a parsonage house 
and glebe, for the use of their minister. After the 
ministry act was passed by colonel Fletcher, in 1693, 
a few episcopalians crept into the town, and viewed 
the presbyterian church with a jealous eye. The 
town vote, in virtue of which the building had been 
erected, contained no clause to prevent its being 
hereafter engrossed by anv other sect. The episco- 
pal party who knew this, formed a design of seizing 
the edifice for themselves, which they shortly after 
carried into execution, by entering the church 
between the morning and evening service, while the 
presbyterian minister and his congregation were in 
perfect security, unsuspicious of the zeal of their 

* The fever killed almost every patient seized with it, and was brought here 
in a vessel i'rom St. Thomas, in the West Indies, an island remarkable for conta- 
gious diseases. 



HISTORY OF NEW- YORK. 171 

adversaries, and a fraudulent ejectment on a day 
consecrated to sacred rest. 

Great outrage ensued atnong the people, for the 
contention being pro Aris et Focis, was animating 
and important The original proprietors of the 
house tore up their seats, and afterwards got the key 
and the possession of the church, which were shortly 
after again taken from them by force and violence. 
In these controversies the governor abetted the 
episcopal zealots, and harassed the others by num- 
berless prosecutions, heavy fines, and long imprison- 
ments; through fear of which many who had been 
active in the dispute fled out of the province. Lord 
Cornbury's noble descent and education should have 
prevented him from taking part in so ignominious 
a quarrel ; but his lordship's sense of honour and 
justice was as weak and indelicate as his bigotry 
was rampant and incontrollable; and hence we find 
him guilty of an act complicated of a number of 
vices, which no man could have perpetrated without 
violence to the very slightest remains of g'enerosity 
and justice. When his excellency retired to Jamaica, 
one Hubbard, the presbyterian minister, lived in the 
best house in the town. His lordship begged the 
loan of it for the use of his own family, and the 
clergyman put himself to no small inconvenience 
to favour the governor's request ; but in return for 
the generous benefaction, his lordship perlidiously 
delivered the parsonage-house into the hands of the 
episcopal party, and encouraged one Cardwel, the 
sherift', a mean fellow, who afterward put an end 
to his own life, to seize upon the glebe, which he 
surveyed into lots, and farmed for the benefit of the 



172 HISTORY OF IVEW-YORK. 

episcopal church. These tyrannical measures justly 
inflamed the indignation of the injured sufferers, and 
that again the more imbittered his lordship against 
them. They resented, and he prosecuted ; nor did 
he confine his pious rage to the people of Jamaica : 
he detested all who were of the same denomination ; 
nay, averse to every sect except his own, he in- 
sisted that neither the ministers nor schoolmasters 
of the Dutch, the most numerous persuasion in the 
province, had a right to preach or instruct without 
his gubernatorial license ; and some of them tamely 
submitted to his unauthoritative rule.* 

The royal instructions required the governors of 
the plantations to give all countenance and encou- 
ragenient to the exercise of the ecclesiastical juris- 
diction of the bishop of London, as far as conve- 
niently, might be in their respective provinces, and 
particularly directed, " That no schoolmaster be 
henceforward permitted to come from this kingdom, 
and to keep school in that our said province, without 
the license of the said lord bishop of London, and 
that no other person now there, or that shall come 
from other parts, shall be admitted to keep school 



* It had been made a question in king William's reign, whether the keeping 
of schools was not by the ancient laws of England, prior to the reformation, of 
ecclesiastical cognizance. It was thought by some that a schoolmaster might 
be prosecuted in the ecclesiasticai courts, for not bringing his scholars to church, 
according to the 79tli canon in 1603. Treby, chief justice, and Powell, justice, 
were of opinion, that being a layman he was not bound by the canons. 

In 1700, one case was libeled for teaching school at Exeter without the 
bishop's license, and though it was admitted that the canons did not bind the 
laity, yet it was conceived that the crown, since the reformation, had authority 
to vest the superintendency of schools in the ordinary, but a distinction was 
taken between grammar schools and schools for inferior instruction. A pro- 
hibition issued as to the teaching of all schools except grammar schooU. 

Vid. I. P. Williams' Rep. 29—33. 



HISTORY OP NEW-YORK. 173 

in your province without your license first obtained." 
There is reason to think this instruction has been 
continued from the revolution to the present time, to 
the governors of all the royal provinces. 

A general account of his lordship's singular zeal 
is preserved, under the title of the Watch Tower, in 
a number of papers published in the New- York 
Weekly Mercury for the year 1755. 

While his excellency was exerting his bigotry 
during the summer season at Jamaica, the elections 
were carrying on with great heat for an assembly, 
which met him at that village in the fall. It con- 
sisted principally of the party which had been borne 
down by the earl of Bellomont and his kinsman ; 
and hence we find Philip French, who had lately 
been outlawed, was returned a representative for 
New- York, and William NicoU elected into the 
speaker's chair. 

Several extracts from his lordship's speech are 
proper to be laid before the reader, as a specimen of 
his temper and designs. " It was an extreme sur- 
prise to me (says his lordship) to find this province 
at my landing at New- York, in such a convulsion as 
must have unavoidably occasioned its ruin if it had 
been suffered to go on a little longer. The many 
complaints that were brought to me against persons 
I found here in power, sufficiently proved against 
them ; and the miserable accounts I had of the con- 
dition of our frontiers, made me think it convenient 
to delay my meeting you in general assembly, till I 
could inform myself in some measure of the condi- 
tion of this province, that I might be able to oflfer to 
vour consideration some few of those thinsfs which 



174 HISTORY OF NEW- YORK. 

will be necessary to be done forthwith, for the 
defence of the country." 

He then recommends the fortifying the port of 
New-York and the frontiers ; adding, that he found 
the soldiers naked and unarmed ; after which he 
proposes a militia bill, the erection of public schools, 
and an examination of the provincial debts and 
accounts ; and not only promises to make a faithful 
application of the moneys to be raised, but that he 
would render them an account. The whole speech 
is sweetened with this gracious conclusion : " Now, 
gentlemen, I have no more to trouble you with, but 
to assure you in the name of the great queen of 
England, my mistress, that you may safely depend 
upon all the protection that good and faithful subjects 
can desire or expect from a sovereign whose greatest 
delight is the welfare of her people, under whose 
auspicious reign we are sure to enjoy what no nation 
in the world dares claim but the subjects of England; 
I mean the free enjoyment of the best religion in 
the world, the full possession of all lawful liberty, 
and the undisturbed enjoyment of our freeholds 
and properties. These are some of the many benefits 
which I take the inhabitants of this province to be 
well entitled to by the laws of England ; and I am 
glad of this opportunity to assure you, that as long 
as I have the honour to serve the queen in the govern- 
ment of this province, those laws shall be put in 
execution, according to the intent with which they 
were made ; that is, for the preservation and pro- 
tection of the people, and not for their oppression. 
1 heartily rejoice to see that the free choice of the 
people has fallen upon gentlemen whose constant 



HISTORY OP NEW- YORK. 175 

fidelity to the crown and unwearied application to 
the good of their country is so universally known." 

The house echoed back an address of high com- 
pliment to his lordship, declaring, "That being 
deeply sensible of the misery and calamity the 
country lay under at his arrival, they were not suffi- 
ciently able to express the satisfaction they had both 
in their relief and their deliverer." 

Well pleased with a governor who headed their 
party, the assembly granted to him all he desired : 
eighteen hundred pounds were raised for the sup- 
port of one hundred and eighty men to defend the 
frontiers, besides two thousand pounds more as a 
present towards defraying the expenses of his voy- 
age. The queen, by her letter of the '20th of April, 
in the next year, forbade any such donations for the 
future. It is observable that though the county of 
Dutchess had no representatives at this assembly, yet 
such was then the knuwn indigence of that now popu- 
lous and flourishing county, that but eighteen pounds 
were apportioned for their quota of these levies. 

Besides the acts above mentioned, the house 
brought up a militia bill, continued the revenue to 
the 1st of May, 1709, and passed a law to establish 
a grammar school according to his lordship's recom- 
mendation. Besides the great harmony that sub- 
sisted between the governor and his assembly, there 
was nothing remarkable except two resolves against 
the court of chancery erected by Mr. Nanfan, occa- 
sioned by a petition of several disappointed suitors 
who were displeased with a decree. The resolu- 
tions were in these words : " That the setting up a 



176 HISTORY OF NEW- YORK. 

court of equity in this colony, without consent of 
the general assembly, is an innovation without any 
former precedent, inconvenient and contrary to the 
English law." And again: "That the court of 
chancery, as lately erected and managed here, was 
and is unwarrantable, a great oppression to the sub- 
ject, of pernicious example and consequence ; that 
all proceedings, orders, and decrees in the same are, 
and of right ought to be, declared null and void ; 
and that a bill be brought in according to these two 
resolutions," which was done; but though his lordship 
was by no means disinclined to fix contempt on 
Nanfan's administration, yet as this bill would dimi- 
nish his own power, himself being the chancellor, 
the matter was never moved farther than to the 
order for the engrossment of the bill upon a second 
reading. 

Though a war was proclaimed by England on the 
4th of May, 1702, against France and Spain, yet as 
the Five Nations had entered into a treaty of neu- 
trality with the French in Canada, this province, 
instead of being harassed on its borders by the 
enemy, carried on a trade very advantageous to all 
those who were concerned in it. The governor, how- 
ever, continued his solicitations for money with unre- 
mitted importunity, and by alarming the assembly, 
which met in April, 1703, with his expectation of 
an attack by sea, fifteen hundred pounds were raised, 
under pretence of erecting two batteries at the Nar- 
rows; which, instead of being employed for that use, 
his lordship, notwithstanding the province had ex- 
pended twenty-two thousand pounds during the latf> 



HISTORY OF NEW-YORK. 177 

peace, was pleased to appropriate to his private 
advantage.* But let us do him the justice to con- 
fess, that while he was robbing the public he ut the 
same time consented to several other laws for the 
emolument of the clergy. 

Whether it was owing to the extraordinary sa- 
gacity of the house, or their presumption that his 
lordship was as little to be trusted as any of his 
predecessors, after voting the above sum for the 
batteries, they added, that it should be " for no other 
use whatsoever," I leave the reader to determine. 
It is certain they now began to see the danger of 
throwing the public money into the hands of a re- 
ceiver-general appointed by the crown, from whence 
the governor by his warrants might draw it at his 
pleasure. To this cause we must assign it, that in 
an address to his lordship, on the \*^\ of June, /^ 
1703, they ''desire and insist that some proper and 
sufficient person might be commissioned treasurer, 
for the receiving and paying such moneys now 
intended to be raised for the public use. as a means 
to obstruct misapplications for the future." Another 
address was sent home to the queen, complaining 
of the ill state of the revenue through the frauds 
which had formerly been committed, the better to 
facilitate the important design of having a treasurer 
dependent on the assembly. The success of these 
measures will appear in the sequel. 



* The vote on the wajs and means to raise this siiin is singular: Every 
member of the council to pay a poll tax of forty shillings; an assembly man, 
twenty shillings ; a lawyer in practice, twenty shillings ; every man wearing a 
periwig, five shillings and six pence ; a bachelor of twenty-five years and 
upwards, two shiHings and three peace ; every freeman betvvetu sixteen and 
sixty, nine penco ; the owners of slaves, for each, one shJlhnif. 

VOL. I. — 23 



178 HISTORY OF NEW- YORK. 

Though our frontiers enjoyed the protbunrlest 
tranquillity all the next winter, and we had expended 
thirteen hundred pounds in supporting one hundred 
fusiliers about Albany, besides the four independent 
companies in the pay of the crown, yet his excel- 
lency demanded provisions for one hundred and 
fifty men at the next meeting of the assembly, in 
April, 1704. The house having reason to suspect 
that the several sums of eighteen and thirteen hun- 
dred pounds lately raised for the public service, had 
been prodigally expended or embezzled, prudently 
declined any farther aids till they were satisfied that 
no misapplication had been made ; for this purpose 
they appointed a committ«;e, who reported that there 
was a balance of near a thousand pounds due to the 
colony. His lordship who had hitherto been treated 
with great complaisance, took offence at this par- 
simonious scrutiny, and ordered the assembly to 
attend him; when, after the example of Fletcher, 
whom, abating that man's superior activity, his 
lordship most resembled, he made an angry speech, 
in which he charges them with irmovations never 
attempted by their predecessors, and h-'pes they may 
not force him to exert " certain powers" vested in 
him by the queen. But what he more particularly 
took notice of was their insisting in several late bills 
upon the title of " General Assembly," and a saving 
of the "Rights of the House,'' in a resolve agreeing 
to an amendment for preventing delay, with respect 
to which his lordship has these words : " I know of 
no right that you have as an assembly, but such as 
the queen is pleased to allow you." As to the vote 
by which they found a balance due to the colony of 



HISTORY OF NEW- YORK. 179 

nine hundred and thirteen pounds, fifteen shillings, 
" it is true (says his lordt^hip) the queen is pleased 
to command me, in her instructions, to permit the 
assembly from time to time, to view and examine 
the accounts of money, or value of money, disposed 
by virtue of the laws made by them, but you can in 
nowise meddle with that money; but if you find any 
misapplication of any of that money, you ought to 
acquaint me with it. that [ may take care to see those 
mistakes rectified vvhic^h I shall certainly do." 

The house boni ihese rebukes with the utmost 
passiveness, contenting themselves with little else 
than a general complaint of the deficiency of the 
revenue, which became the subject of their particu- 
lar consideration in the fall; but though they avowed 
it to be their endeavour to conform to the letter 
and intent of the governor's commission, and denied 
the charge of a design to assume any of the powers 
of ofovernment, their address contained a clause 
which discovered a high and firm spirit : 

" My lord, this assembly being intrusted by the 
people of ihis plantation with the care of their liber- 
ties and properties, and sensible of their own weak- 
ness, lest through ignorance or inadvertency, they 
should consent to any thing hurtful to themselves 
or their posterity, in all things admitting of doubts 
are willing to save their rights: and those rights 
they mean to be that natural and civil liberty so 
often claimt^d, declared, and confirmed by the 
English laws, and which they conceive every free 
Englishman is entitled to. Whatsoever else may 
admit of controversy, the people of this colony think 
they have an undoubted, true, and entire property in 



180 rirsTORY of ivew-york. 

tlieir goods and estates, of which they ought not to 
be divested l)ut by their free consent, in such man- 
ner, to such ends and purposes, as they shall think 
fit, and not otherwise. If the ccjnrrary should be 
admilted, all notion of property would cease ; every 
man is the most proper judge of his own capacity in 
giving, and the present extreme poverty of this couu- 
tiy is both visible and too apparent." 

The following was an answer from his lordship: 
" I think it my duty to require you (which I now 
do) to lay before me, as soon as may be, what those 
rights are, which you pretend to save in that vote." 
His lordship could expect only a general answer, nor 
from the moderate principles of the people of that 
day, did he dread intimations inconsistent with their 
loyalty to the queen, or their disaffection to the 
parent kingdom. The colony politicians of early 
days contented themselves with general declarations 
owning a subordination, and yet claiming English 
privileges ; leaving it to their posterity to ascertain 
the boundary between the supremacy of England and 
the submission of her colonies. Happy if both coun- 
tries had adopted the poet's rule, 

" Sunt certi denique fines 

Quos ultra citra que nequit consistere rectum." 

The council and assembly spoke the general sense 
of the colony in the following passage of their joint 
representation in favor of the port of Oswego : 

" October '29th, 1730. We are truly sensible of, 
and as truly grateful for, the many principal favours 
by which his majesty and his royal predecessors 
have distinguished this colony. Our loyalty and 
fidelity to his illustrious house, our unfeigned love 



HISTORY OF NEW- YORK. 181 

and affection for our mother country, and the happy 
dependance wliich we have upon the crown and 
kingdom of Great Britain, lay us under all natural 
and civil obligations sjso to act in humble station, as 
may render us useful and serviceable." 

Our ancestors claimed every social benefit not 
injurious to the mother country, nor inconsistent 
with their loyalty to the crown or their dependance 
upon Great Britain. 

The governor on the one hand, then proposed an 
additional duty often per cent, on certain goods not 
immediately imported from Europe, to which the 
assembly on the other were utterly averse, and as 
soon as they resolved against it, the very printer, 
clerk, and door-keeper, were denied the payment of 
their salaries. Several other demands being made 
for the public debts, the house resolved to address 
his lordship for an exact account of the revenue, 
w^hich, together with their refusal to admit the coun- 
cil's amendment to a money bill, gave him such high 
provocation, that he was induced to dissolve an as- 
sembly, whose prodigal liberality had justly exposed 
them to the resentment of the people. 

The lords of trade approved of the dissolution, 
and added : " we conceive no reason why the coun- 
cil should not have a right to amend all bills sent 
up by the assembly, even those relating to money." 
It continued nevertheless to be the unparlinmentary 
practice of that day (1704) not only to send reasons 
in writing for and against amendments proposed to 
bills, but for the speaker to go up with the whole 
house to a dialogue with the council, where the 



182 HISTORY OF NEW-YORK. 

governor taking the chair, he became a party in all 
disputes between the council and assembly. 

The new assembly which met on the 14th of June, 
170.*), n(;}r|tcted the affair of tlie revenue and the 
adflirionHJ duty, though his lordship strongly recom- 
mended ih<'m both. Among the principal acts passed 
at this meeting is that for ihe benefit of the clergy, 
who were entitled to the salaries formerly established 
by Colonel Fletcher, which, though less than his 
lordship recommended, was doubtless a grateful 
olFering to his unceasing zeal for the church, mani- 
fested in a part of his speech at the opening of the 
session in these words : *' The difficulties which 
some very worthy ministers of the church of l^ngland 
have met with, in getting the maintainance settled 
upon them by an act of the general assembly of this 
province, passed in the year 1693, moves me to 
propose to you the passing an act explanatory of the 
before-mentioned act, that those worthy men who 
have ventured to come so far for the service of God 
in his church, and the good and edification of the 
people, to the salvation of their souls, may not for 
the future be vexed, as some of them have been ; 
but may enjoy in quiet that maintainance which was 
by a law provided for them.* I farther recommend 
to you, the passing an act to provide for the main- 
tainance of some ministers in some of the towns 
at the east end of Long Island, where I do not find 
any provision has been yet made for propagating 
religion." 

=•■ The majority of our people are of a contrary opinion, if my lord thought 
the establishment was desired only for the episcopal clergy. 



HISTORY OF NEW- YORK. 183 

Our harbour being wholly unfortified, a French 
privateer actually erileied it in I70.'>, and put the 
inhabitants into great consternation. The assem- 
bly, at their session in June, the next year, were 
not disinclined, through the importunity of the 
people, to put the city in a better j)0sture of defence 
for the future; but being fully convinced, by his 
lordship's embezzlement of £1500 formerly raised 
for two batteries at the Narrows, and near £1000 
levied fo* the protection of the frontiers, that he was 
no more to be trusted with public moneys, offered 
a bill for raising £3000 for fortificatiims, appoint- 
ing that sum to be deposited in the hands of a 
private person of their own nomination ; but his 
excellency did not pass it till their next meeting in 
the fall, when he informed them that he had received 
the queen's commands, " to permit the general assem- 
bly to name their own treasurer when they raised 
extraordinary supplies for particular uses, and which 
are no part of the standing and constant revenue ; 
the treasurer being accountable to the three branches 
of the legislature, and the governor always acquaint- 
ed with the occasion of issuing such warrants ; and 
all persons concerned in the issuing and disposing 
of such moneys must be made accountable to the 
governor, council, and assembly." 

The vote to appoint a treasurer for the public 
money they raised, passed on the 20th of .June, 
1705. The assembly soon after took occasion, in 
framing a bill to defray the charges of fusiliers, 
spies, and outscouts, for the defence of the frontiers, 
to render the sums due payable by their treasurer. 
The council called them to a conference upon it the 



Ii4 HISTORY OF JNEW-YORK. 

4th of October. The assembly desired their ob- 
jections in writing. These were, 

1. That ii gave a mim to her majesty and not to 
her heirs and successors. 

2. That the treasurer is compelled to give security 
to account to the general assembly, instead of the 
crown, the high treasurer, or commissioners of the 
treasury. 

3. That the moneys are made issuable upon pri- 
vate certificates of service. And the council' say they 
proceed upon the royal instructions, which they 
recite. 

The assembly answer to the first, that it is plain 
from the bill that the money to be raised is for the 
use of the crown, and the bill in this respect similar 
to others passed by this governor and approved at 
home. 

To the second, that though he is made account- 
able to the general assembly, there is nothing in the 
bill to prevent his accounting also to the queen and 
the treasury. 

Relative to the third, they observe that the in- 
struction had been generally taken as a restriction 
on the governors, against the disposition of public 
money without the approbation of the council, and 
they insist upon the clauses, 

1. Because governors and receivers-general have 
always quarrelled, and the latter been suspended, 
and all accounting thereby eluded. 

2. Because receivers, on the loss of their oflices, 
have generally left the province. 

3. Because money raised for the defence of Al- 
bany had never been applied to that use. 



I 



HISTORY OF NEW- YORK. 185 

The conferences closed by the revival of the 
objection to the council's interfering in the amend- 
ments of money bills ; and a sudden prorogation 
followed, to such a distant day, as his lordship was 
afterwards compelled to retract for an earlier meet- 
ing, not without exciting doubts concerning the 
legality of their next convention, some months 
before the day to which they had been in a passion 
prorogued. 

Though there was then reason to apprehend an 
attack from the French, and several bills were 
passed to raise money for the defence of the colony, 
his lordship could not prevail upon the assembly to 
waive their objections, so that the services remained 
unprovided for until the assembly carried their point 
of having a treasurer of their own, with the queen's 
consent, as above expressed in his lordship's speech 
of 27th September, 1706 By a clause in an act for 
raising a fund for the defence of the frontiers, passed 
5th Anne, the treasurer was to give such security as 
William Nicoll, the then speaker, should approve, 
but no recognizance or bond could ever be found. 

His lordship's renewing the proposal of raising 
fortifications at the Narrows, which he had himself 
hitherto scandalously prevented, is a proof of his 
excessive effrontery and contempt of the people ; 
and the neglect of the house to take the least notice 
either of that matter or the revenue, occasioned 
another dissolution 

Before I proceed to the transactions of the new 

assembly, which did not meet till the year 1708, it 

will not be improper to lay before the reader the 

account of a memorable proof of that persecuting 

VOL. I. — 24 



186 HISTORY OF NEW-YORK. 

spirit which influenced lord Cornbury's whole 
administration. 

The inhabitants of the city of New-York con- 
sisted at this time of Dutch Calvinists, upon the 
plan of the church of Holland; French refugees, 
on the Geneva model; a few English episcopalians; 
and a still smaller number of English and Irish 
presbyterians, who having neither a minister nor a 
church, used to assemble themselves every Sunday 
at a private house, for the worship of God. Such 
were their circumstances when Francis M'Kemie 
and John Hampton, two presbyterian ministers, 
arrived here in January, 1707. As soon as lord 
Cornbury, who hated the whole persuasion, heard 
that the Dutch had consented to M Kemie's preach- 
ing in their church, he arbitrarily forbid it; so that 
the public worship, on the next sabbath, was per- 
formed with open doors at a private house. Mr. 
Hampton preached the same day at the presbyterian 
church in New-Town, dis^tant a few miles from the 
city. At that village both these ministers were two 
or three days after apprehended by (^ardwel, the 
sheriff, pursuant to his lordship's warrant, for preach- 
ing without his license From thence they were led 
in triumph a circuit of several miles through Jamaica 
to New- York. They appeared before his lordship 
with an undaunted courage, and had a conference 
with him, in which it is difficult to determine 
whether my lord excelled in the character of a savage 
bigot or an unmannerly tyrant. The ministers 
were no lawyers, or they would not have founded 
their justification on the supposed extent of the 
Englisli act of toleration. They knew not that the 



HISTORY OP NEW-YORK. 187 

ecclesiastical statutes had no relation to this colony ; 
and that its religious state consisted in a perfect 
parity between protestants of all denominations. 
They erroneously supposed that all the penal laws 
extended to ihis province, and refund for their de- 
fence on the toleration act, offering testimonials of 
their having complied with that act in Virginia and 
Maryland, and promised to certify the house in 
which M'Kemie had preached to the next sessions. 
His lordship's discourse with them was the more 
ridiculous, because he had Bickley, the attorney- 
general, to assist him. Against the extension of the 
statute, they insisted that the penal laws were limited 
to England, and so also the toleration act, because 
the sole intent of it was to take away the penalties 
formerly established. But grant the position, and 
the consequence they drew from it argues that my 
lord and Mr Attorney were either very weak, or 
influenced by evil designs. If the penal laws did 
not extend to the plantations then the i>risoncrs 
were innocent, for where there is no law there can 
be no transgression ; but according to these incom- 
parable sages, if the penal laws and the toleration 
act were restricted to the realm of England, as they 
contended, then the poor clergymen, for preaching 
without his license, were guilty of a heinous crime 
against his private, unpublished instructions ; and 
for this cause he issued an informal precept to the 
sheriff of New-York, for their commitment to jail 
till further orders. They continued in confinement, 
through the absence of Mompesson, the chief jus- 
tice, who was in New-Jersey, six weeks and four 
days, but were then brought before him by writ of 



188 HISTORY OP NEW-YORK. 

habeas corpus. Mompesson being a man of learning 
in his profession, and his lordship now apprised of 
the illegality of his first warrant, issued another on 
the very day of the test of the writ, in which he vir- 
tually contradicts what he had before insisted on at 
his conference with the prisoners. For according 
to this, they were imprisoned for preaching without 
being qualified as the toleration act required, though 
they had offered themselves to the sessions during 
their imprisonment. They were then bailed to the 
next supreme court, which began a few days after. 
Great pains were taken to secure a grand jury for 
the purpose, and among those who found the indict- 
ment, to their shame be it remembered, were several 
Dutch and French protestants. 

Mr. M'Kemie returned to New-York, from Vir- 
ginia, in June, and was now come to his trial on the 
indictment found at the last court. As to Mr. Hamp- 
ton, he was discharged, no evidence being offered 
to the grand jury against him. 

Bickley, the attorney general, managed the prose- 
cution in the name of the queen ; Reignere, NicoU, 
and Jamison apfieared for the defendant. The trial 
was held on the 6th of June, and being a cause of 
great expectation, a numerous audience attended. 
Roger Mompesson sat on the bench as chief justice, 
with Robert Mil ward and Thomas Wenham for his 
assistants. The indictment was in substance, that 
Francis M'Kemie, pretending himself to be a pro- 
testant dissenting minister, contemning and endea- 
vouring to subvert the queen's ecclesiastical supre- 
macy, unlawfully preached without the governor's 
license first obtained, in derogation of the royal 



HISTORY OP NEW- YORK. 189 

authority and prerogative : that he used other rites 
and ceremoniea thm those contained in the com- 
mon-prayer book. And lastly, that being unqualified 
by law to preach, he nevertheless did preach at an 
illegal conventicle: and both these last charges were 
laid to be contrary to the form of the English sta- 
tutes. For it seems that Mr. Attorney was now of 
opinion, that the penal laws did extend to the Ame- 
rican plantations, though his sentiments were the 
very reverse at the first debate before his excellency : 
but Bickley was rather remarkable for a voluble 
tongue, than a penetrating head or much learning. 
To support this prosecution he endeavoured to prove 
the queen's ecclesiastical supremacy in the colonies, 
and that it was delegated to her noble cousin the 
governor; and hence he was of opinion that his lord- 
ship's instructions relating to church matters had the 
force of a law. He in the next place contended for 
the extension of the statutes of uniformity, and upon 
the whole, was ple;ised to say that he did not doubt 
the jury would find a verdict for the queen. Reig- 
nere, for the defendMUt, insisted that preaching was 
no crime by the common law, that the statutes of 
uniformity and the act of ti>leration did not extend 
here, and that the governor's instructions were not 
laws. Nicoll spoke to the same purpose, and so 
did David Jamison; but M'Kemie concluded the 
whole defence in a speech, which sets his capacity 
in a very advantageous light. The reader may see 
it in the narrative of this trial, which was first pub- 
lished at the time, and since reprinted at New- York 
in the year 1755. The chief justice, in his charge, 
advised a special verdict, but the jury found no dif- 



190 HISTORY OF NEW- YORK. 

ficulty to acquit the defendant, who through the 
shameful partiality of the court, was not discharged 
fronn his recognizance, till they had illegally extort- 
ed all the fees of his prosecution, which, together 
with his expenses, amounted to eighty-three pounds 
seven shillmgs anci six pence. 

Lord Cornhury was now daily losing the favour of 
the people. The friends of Leisler had him in the 
utmost abhorrence from the beginning, and being 
all spies upon his conduct, it was impossible for his 
lordship to commit the smallest crime unnoticed. 
His persecution of the presbyterians very early in- 
creased the number of his enemies; the Dutch too 
were fearful of his religious rage against them, as he 
disputed their right to call and settle ministers, or 
even schoolmasters without his special license His 
excessive avarice, his embezzlement of the public 
money, and his sordid refusal to pay his private 
debts, bore so heavily upon his reputation, that it 
was impossible for his adherents either to support 
him or themselves against the general opposition. 
Such being the temper of the people, his lordship 
did not succeed according to his wishes in the new 
assembly, which met on the 19th of August, 1708. 
The members were all against him, and William 
Nicoll was again chosen speaker. 

Among the several things recommended to their 
consideration, the alfair of the revenue, which was 
to expire in May following, and the propriety of 
making presents to the Indians were the chief; the 
house were not insensible of the importance of the 
Indian interest, and of the infinite arts of the French 
to seduce them from our alliance, but suspicious that 



HISTORY OF NEW-YORK. 191 

his lordship, who heretofore had given himself little 
concern about tliat matter, was seeking a fresh op- 
portunity to defraud the puhhc, they desired him to 
give them a list of the articles of which lh»' presents 
were to consist, together with an estimate of the 
charge, before they would provide for that donation. 

With respect to the revenue, his lordship was not 
so successful, for the assembly resolutely refused to 
continue it; though they consented to an act to dis- 
charge him from a contract of £250, and upwards, 
which he had made with one Hanson for the public 
service. Thomas Byerly was at that time collector 
and receiver-general, and by pretending that the 
treasury was exhausted, the debts of the government 
were unpaid. This gave rise to many petitions to 
the assembly to make provision for their discharge. 
Colonel Schuyler, who had expended large sums on 
the public credit, was amt)ng the principal sufferers, 
arid joined with several others m an application 
to the house, that Byerly might be compelled to 
account. The disputes relating to this matter took 
up a considerable part of the session, and were liti- 
gated with great heat. Upon the whole an act was 
passed for refunding £700 which had been misap- 
plied. 

The resolutions of the commitee of grievances, 
approved by the house, show the general objections 
of the people to his lordship's administration. These 
were made at the beginning of the session, and yet 
we find this haughty lord subdued by the opposition 
against him, and so dispirited through indigence, 
and the incessant solicitations of his creditors, that 
he not only omitted to justify himself, but to sho^v 



192 HISTORY OP NEW-YORK. 

even an impotent resentment; for after all the 
censures of the house, he tamely thanked them for 
passing the bill to discharge him from a small debt, 
which they could not in justice have refused. The 
resolutions were in these words: 

"Resolved, That it is the opinion of this committee, 
that the appointing coroners in this colony, without 
their being chosen by the people, is a grievance and 
contrary to law.* 

*^ Resolved, That it is and always has been the 
unquestionable right of every freeman in this colony, 
that he hath a perfect and entire property in his 
goods and estate. 

" Resolved, That the imposing and levying of any 
moneys upon her majesty's subjects of this colony, 
under any pretence or colour whatsoever, without 
consent in general assembly, is a grievance and a 
violation of the people's property. 

"Resolved, That for any officer whatsoever to 
extort from the people extravagant and unlimited 
fees, or any money whatsoever, not positively esta- 
blished and regulated by consent in general assem- 
bly, is unreasonable and unlawful, a great grievance, 
and tending to the utter destruction of all property 
in this plantation- 

" Resolved, That the erecting a court of equity 
without consent in general assembly, is contrary to 
law, without precedent, and of dangerous conse- 
quence to the liberty and property of the subjects. 

" Resolved, That the raising of money for the 
government, or other necessary charge, by any tax, 

* See lord Bacon's works, fol. edit. vol. II. 152 ; and yet the coroners in every 
county are still appointed Ly the governor. 



HISTORY OF NEW-YORK. 193 

impost, or burthen on goods imported, or exported, 
or any clog, or hindrance on traffic or commerce, is 
found by experience to be the expulsion of many, 
and the impoverishing of tiie rest of the planters, 
freeholders, and inhabitants of this colony ; of most 
pernicious consequence, which, if continued, will 
unavoidably prove the ruin of the colony. 

'' Resolved, That the excessive sums of money 
screwed from masters of vessels trading h«Te under 
the notion of port charges, visiting the said vessels 
by supernumerary officers, and taking extraordinary 
fees, is the great discouragement of trade, and 
strangers coming amongst us, beyond the precedent 
of any other port, and without colour of law. 

" Resolved, That the compelling any man, upon 
trial by a jury or otherwise, to pay any fecis for his 
prosecution, or any thing whatsoever, unless the fees 
of the officers whom he employs for his necessary 
defence, is a great grievance, and contrary to 
justice."* 

Lord Cornbury was no less obnoxious to the 
people of New- Jersey than to those of New- York. 
The assembly of that province, impatient of his 
tyranny, drew up a complaint against him, which 
they sent home to the queen. 

Her majesty graciously listened to the cries of her 
injured subjects, divested him of his power, and 
appointed lord Lovelace in his stead, declaring that 
she would not countenance her nearest relations in 
oppressing her people. 

As ^oon as my lord was superseded, his creditors 

•^ This had a special rolation to Die iafc nrosecufion of Mr. M'lCcinic 

VOL. I —25 



194 HISTORY OF NEW-YORK. 

threw him into the custody of the sheriff of New- 
York ; and he remained here till the death of his 
father, wlien succeeding to the earldom of Claren- 
don, he returned to Kngland. 

We never had a governor so universally detested, 
nor any who so richly deserved the public abhor- 
rence. In spite of his noble descent, his behaviour 
was trifling, mean, and extravagant. 

It was not uncommon for him to dress himself in 
a woman's habit, and then to patrole the fort in which 
he resided. Such freaks of low humour exposed 
him to the universal contempt of the people ; but 
their indignation was kindled by his despotic rule, 
savage bigotry, insatiable avarice and injustice not 
only to the public but even his private creditors ; 
for he left some of the lnwest tradesmen in his em- 
ployment unsatisfied in their just demands. 

John, lord Lovelace, baron of Hurley, was ap- 
pointed to this government in the sf)ring, 17i*8, but 
did not arrive here till the 18th of December follow- 
ing. Lord Cornbury's oppressive, mean adminis- 
tration had long made the people very desirous of a 
change ; and therefore his successor was received 
with universal joy. Having dissolved the general 
assembly soon after his accession to the government, 
he convened a new one on the 5th of April, 1709, 
which consisting of members of the same interest 
with the last, re-elected William Nicoll, the former 
speaker, into the chair. His lordship told them at 
the beginning of the session, " That he had brouglit 
with him large supplies of soldiers and stores of war, 
as well as presents for the Indians," than which 
nothinsT could be more agreeable to the people. He 



HISTORY OF NEW-YORK. 195 

lamented tlie greatness of the provincial debts, and 
the decay of public credit ; but still reconimended 
their raising a revenue, for the same term with that 
estabhshed by the act in the ! Ith year of the last 
reign. He also pressed the discharge of the debts 
of the government, and their examination of the 
public accounts, "that it may be known (says he) 
what this debt is, and that it may appear hereafter 
to all the world, that it was not contracted in my 
time." This oblique reflection upon his predecessor, 
who was now ignominiously imprisoned by his 
creditors, was displeasing to no body. 

Though the assembly in their answer, heartily 
congratulated his lordship's arrival, and thanked the 
queen for her care of the province, yet they suffi- 
ciently intimuled their disinclination to raise the 
revenue, which the governor had requested. " Our 
earnest wishes (to use the words of the address) are, 
that suitable measures may be taken to encourage 
the few inhabitants left to stay in it, and others to 
come. The just freedom enjoyed by our neighbours, 
by the tender indulgence of the government, has 
extremely drained and exhausited us both of people 
and stock; whilst a different treatment, the wrong 
methods too long taken, and severities practised 
here, have averted and deterred the usual part of 
mankind from settling and coming hitherto." To- 
wards the close, they assure him, " that as the 
beginning of his government gave them a delightful 
prospect of tranquillity, so they were come with 
minds prepared to consult the good of the country 
and his satisfaction." 



196 HISTORY OF NEW- YORK. 

The prinripal matter wliich engaged the attention 
of the assembly, was the affair of the revenue. 
Lord Cornbury's conduct had rendered them utterly 
averse to a permanent support for the future, and 
yet thev were unwilling to quarrel with the new 
governor. They however at last agreed on the 5th 
of May, to raise £2500 to defray the charges of the 
government to the 1st of May ensuing, £1600 of 
which was voted to his excellency, and the remaining 
sums towards a supply of fire wood and candles to 
the several forts in New- York, Albany, and Sche- 
nectady ; and for payment of small salaries to the 
printer clerk of the council, and Indian interpreter. 

This new project of providing annually for the 
support of government, was contrived to prevent 
the mischiefs to which the long revenues had for- 
merly exposed us. But as it rendered the governor 
and all the other servants of the crown dependent 
upon the assembly, a rupture between the several 
branches of the legislarure would doubtless have 
ensued ; but the very day in which llie vote passed 
the house his hardship died of a disorder contracted 
in crossing the ferry at his first arrival in the city of 
New-York. His lady continued here long after his 
death, soliciting for the sum voted to her husband ; 
but though the queen interposed by a letter in her 
behalf, nothing was allowed till several years after- 
wards. 



THE 



HISTORY OF NEW-YORK. 



PART IV. 

FROM THE CANADA EXPEDITION IN 1709, TO THE 
ARRIVAL OF GOVERNOR BURNET. 

Lord Lovelace being dead, the chief command 
devolved upon Richard Ingoldsby, the lieutenant- 
governor, the same who had exercised the govern- 
ment several years before, upon the decease of 
colonel Sloughter. His short administration is 
remarkable, not for his extraordinary talents, for he 
was a heavy man, but for a second fruitless attempt 
against Canada. Colonel Vetch, who had been 
several years before at Quebec, and sounded the 
river St. Lawrence, was the first projector of this 
enterprise. The ministry approved of it, and Vetch 
arrived in Boston and prevailed upon the New- 
England colonies to join in the scheme. After that 
he came to New- York, and concerted the plan of 
operations with Francis Nicholson, formerly our 
lieutenant-governor, who at the request of Ingoldsby, 
the council, the assembly, Gurdon Saltonstal, the 
governor of Connecticut, and Charles Gookin, lieu- 
tenant-ixovernor of Pennsylvania, accepted the chief 



198 HISTORY OF NEW-YORK. 

command of the provincial forces, intended to pene- 
trate into Canada by the way of Lake Champlain. 
Impoverished as we were, the assembly joined 
heartily in the enterprise It was at tliis juncture 
our first act for issuing hills of credit was p^issed, 
an expedient without which we could not have con- 
tributed to the expedition, the treasury being then 
totally exhausted. Universal joy now brightened 
every man's countenance, because all expected the 
complete reduction of Canada before the ensuing 
fall. Big with the pleasing prosjiect of an event 
which would put a period to all the ravages of an 
encroaching, merciless enemy, extend the British 
empire, and augment our trade, we exerted ourselves 
to the utmost for the success of the expedition As 
soon as the design was made known to the house, 
twenty ship and house carpenters were impressed 
into the service for building batteaus ; commissioners 
also were appointed to purchase provisions and other 
necessaries, and empowered to break open houses 
for that purpose, and to impress men, vessels, horses, 
and wagons, for transporting the stores. Four 
hundred and eighty -seven men, besides the inde- 
pendent companies, were raised and despatched to 
Albany by the 27th of June, from whence they 
advanced with the main body to the wood creek. 
Three forts were built there, besides many block- 
houses and stores for the provisions, which were 
transported with great despatch. The province of 
New- York, all things considered, has the merit of 
having contributed more than any of her neighbours 
towards this expedition. Pennsylvania gave no kind 
of aid. and New-Jersey was only at the expense of 



HISTORY OF NEW- YORK. 199 

£8000. One hundred bnttcaus, as many birch 
canoes, and two of the forts were buih entirely, 
and the other fort for the most part, at the charge 
of this government. All the provisions and stores 
for the army were transported at our expense ; and 
besides our quota of volunteers and the independent 
companies, we procured and maintained six hundred 
Indians, and victualed a thousand of their wives and 
children at Albany during the campaign. 

The history of an infant country must consist of 
many events com[)aratively trivial: they were never- 
theless often characteristic. Some of our levies for 
the expedition were Dutchmen. General Nicholson 
applied to Mr. Dubois, a city minister, for a person 
to read prayers to the Dutch soldiery. Dubois, who, 
if one may so speak, was a presbyterian bishop 
among the Dutch churches, then supplied with pas- 
tors from Holland and other parts of the United 
Provinces, and under the care of the(vlassis of Am- 
sterdam, informed the assembly of this request. 
The house named a serious layman, of the name of 
Paulus Van VIech, for this service, and ordered Mr. 
Dubois and two other Dutch ministers to examine 
him before two of the council and as many assem- 
blymen, " and if he was found orthodox, to ordain 
and qualify him for the ministerial function accord- 
ingly." Van Vlech urged their compliance, and 
had a second command upon the ministers. Two 
of them, Dubois and Antonides, signified by a me- 
morial, " That they were not empowered to ordain 
any person to the ministerial function in the Dutch 
churches, by the directions of the Classis of Amster- 
dam ; and therefore prayed they may not be ordered 



200 HISTORY OF NEW-YORK. 

to do any thing inconsistent with the constitution of 
the church to which they belong." Colonel Livings- 
ton presented this memorial, upon which no other 
step was taken. 

The legislature was at that time chiefly composed 
of members of the Dutch churches, in which the 
ministers had great sway; and therefore the clergy 
were puzzled with no questions, respecting the 
divine rights of ordination, claimed by all presby- 
terian ministers ; nor a doubt started concerning 
the authority of the Classis of Amsterdam, under 
the capitulatory articles of 1664. 

Having put ourselves to the expense of above 
twenty thousand pounds towards this enterprise, the 
delay of the arrival of the fleet spread a general 
discontent through the country ; and early in the 
fall, the assembly addressed the lieutenant-governor 
to recall our forces from the camp. Vetch and 
Nicholson soon after broke up the campaign, and 
retired to Newport in Rhode-Island, where there 
was a congress of governors. Ingoldsby, w^ho ^vas 
invited to it, did not appear in compliance with the 
inclination of the assembly, who incensed at the 
public disappointment, harboured great jealousies of 
all the first promoters of the design. As soon 
therefore, as lord Sunderland's letters, which arrived 
here on the 2 1st of October, were laid before the 
house, they resolved to send an address to the queen, 
to lay before her a true account of the manner in 
which this province had exerted itself in the late 
undertaking. 

Had this expedition been vigorously carried on, 
doubtless it would have succeeded: the public afl'airs^ 



HISTORY 01' NEW-YORK. 201 

at home were conducted by a wise ministry, the 
allied army triumphed in repeated successes in 
Flanders, and the court ot France was in no condi- 
tion to give assistance to so distant a colony as 
Canada. The Indians of the Five Nations were 
engaged, through the indefatigable solicitations of 
colonel Schuyler, to join heartily in the attempt; 
and the eastern colonies had nothing to fear from 
the Ouwenagungas, because those Indians had a 
little before concluded a peace with the confede- 
rates. In America every thing was ripe for the 
attack : at home, lord Sunderland, the secretary of 
state, had proceeded so far as to despatch orders to 
the queen's ships at Boston to hold themselves m 
readiness, and the British troops were upon the 
point of their embarkation. At this juncture, the 
news arrived of the defeat of the Portuguese, 
which reducing our allies to great straits, the forces 
intended for the American adventure were then 
ordered to their assistance, and the thoughts of the 
ministry entirely diverted from the Canada expe- 
dition. 

As we had not a man in this province, who had 
more extended views of the importance of driving 
the French out of Canada than colonel Schuyler, so 
neither did any person more heartily engage in the 
late ex{)edition. To preserve the friendship of the 
Five Nations, without which it would be impossible 
to prevent our frontiers from becoming a field of 
blood, he studied all the arts of insinuating himself 
into their favour: he gave them all possible encou- 
ragement and assistance, and very much impaired 
his own fortune by his liberality to their chiefs. 

voi.« t.— 26 



202 HISTORY OF NEW-YORK. 

They never came to Albany but they resorted to 
his house, and even dined at his table; and by this 
means he obtained an ascendency over them which 
was attended with very good consequences to the 
province, for he could always in a great degree, 
obviate or eradicate the prejudices and jealousies, 
by which the French Jesuits were incessantly labour- 
ing to debauch their fidelity. 

Impressed with a strong sense of the necesity of 
some vigorous measures against the French, colonel 
Schuyler was extremely discontented at the late 
disappointment, and resolved to make a voyage to 
England at his private expense, the better to incul- 
cate on the ministry the absolute necessity of re- 
ducing Canada to the crown of Great Britain. For 
that purpose he proposed to carry home with him 
five Indian chiefs. The house no sooner heard of 
his design than they came to a resolution, which in 
justice to his distinguished merit I ought not to sup- 
press. It was this: 

" Resolved, Nemine contradicente, That the hum- 
ble address of the lieutenant-governor, council, and 
general assembly of this colony to the queen, repre- 
senting the present state of this plantation, be com- 
mitted to his charge and care, to be presented by 
himself to her sacred majesty ; he being a person 
who not only in the last war, when he commanded 
the forces of this colony in chief at Canada, but 
also in the present, has performed faithful services 
to this and the neighbouring colonies, and behaved 
himself in the offices with which he has been in- 
trusted with good reputation, and the general satis- 
faction of the people in these parts." 



HISTORY OF NEW-YORK. 2U3 

The address to the queen contains this ill-penned 
but interesting information: "We conceive it our 
indispensible duty to lay at your royal foot how dan- 
gerous the French are seated at Canada, and the 
maxims they follow for making themselves formi- 
dable there. It is well known they can go by water 
from Quebec to Montreal. From thence they can 
do the like, through rivers and lakes, at the back of 
all your majesty's plantations on this continent as 
far as Carolina ; and in this large tract of country 
live several nations of Indians who are vastly nume- 
rous: among those they constantly send emissaries 
and priests, with toys and trifles, to insinuate them- 
selves into their favour. Afterwards they send 
traders, then soldiers, and at last build forts among 
them; and the garisons are encouraged to inter- 
marry, cohabit, and incorporate among them ; and 
it may easily be concluded, that upon a peace many 
of the disbanded soldiers will be sent thither for 
that purpose. They having already a fort and gar- 
rison at Tieughsaghrondie, being the chief hunting 
place of our Indians, and about five hundred miles 
from Canada ; and other forts and settlements as 
many miles further: how pernicious this in time 
will prove to your majesty's subjects on this coast, 
we cannot think on but with the greatest concern ; 
for should they, having by degrees brought those 
vast nations to their devotions, fall on your majesty's 
said plantations, it would hardly be in the power of 
any forces that could be sent from Great Britain to 
reclaim or reduce them ; it being impossible for 
Christians to pursue and overtake those Indians iji 



204 HISTORY OF NEW-YORK. 

the woods, they being reputed to be swifter than 
any other nations." 

The arrival of the five sachems in England made 
a great bruit throughout the whole kingdom. The 
mob followed wherever they went, and small cuts of 
them were sold among the people. The court was 
at that time in mourning for the death of the prince 
of Denmark: these American kings* were therefore 
dressed in black under cloths after the English 
manner; but, instead of a blanket, they had each 
a scarlet in-grain cloth mantle, edged with gold, 
thrown over all their other garments. This dress 
was directed by the dressers of the playhouse, and 
given by the queen, who was advised to make a 
show of them. A more than ordinary solemnity 
attended the audience they had of her majesty. Sir 
Charles Cotterel conducted them in two coaches to 
St. James', and the lord chamberlain introduced 
them into the royal presence. Their speech, on the 
19th of April, 1710, is preserved by Oldmixon, and 
was in these words : — 
" Great Queen, 

" We have undertaken a long voyage, which noiie 
of our predecessors could be prevailed upon to un- 
dertake, to see our great queen, and relate to her 
those things which we thought absolutely necessary 
for the good of her, and us her allies, on the other 
side the water. 

"We doubt not but our great queen has been 
acquainted with our long and tedious war, in con- 
junction with her children, against her enemies the 

* This title is commonly bestowed on the sachems, though the Indians have 
no such difimitv or office Jimonsrst them. 



HISTORY OF NEW-YORK. 205 

French ; and that we have been as a strong wall for 
their security, even to the loss of our best men. We 
were mightily rejoiced when we heard our great 
queen had resolved to send an army to reduce 
Canada, and immediately, in token of friendship, 
we hung up the kettle and took up the hatchet, and 
with one consent assisted colonel Nicholson in 
making preparations on this side the lake ; but at 
length we were told our great queen, by some 
important affairs, was prevented in her design at 
present, which made us sorrowful, lest the French, 
who had hitherto dreaded us, should now think us 
unable to make war against them. The reduction 
of Canada is of great weight to our free hunting, 
so that if our great queen should not be mindful of 
us, we must, with our families, forsake our country 
and seek other habitations, or stand neuter, either 
of which will be much against our inclinations. 

" In token of the sincerity of these nations, we do 
in their names, present our great queen with these 
belts of wampum, and in hopes of our great queen's 
favour, leave it to her most gracious consideration." 

While colonel Schuyler was at the British court, 
captain Ingoldsby was displaced, and Gerardus 
Beekman exercised the powers of government, from 
the 10th of April, 1710, till the arrival of brigadier 
Hunter, on the 14th of June following. The council 
then present were, 

Mr. Beekman, Mr. Mompesson, 

Mr. Van Dam, Mr. Barbarie, 

Colonel Benslaer, Mr. Philipse, 

Hunter was a native of Scotland, and, when a 
boy, put apprentice to an apothecary. He left his 



206 HISTORY OF NEW- YORK. 

master and went into the army; and being a man of 
wit and personal beauty, recommended himself to 
lady Hay, whom he afterwards married. In the 
year 1707, he was appointed lieutenant-governor of 
Virginia, but being taken by the French in his 
voyage to that colony, he was carried into France, 
and upon his return to England, appointed to suc- 
ceed lord Lovelace in the government of this and 
the province of New-Jersey. Dean Swift's letter 
to hitn during his captivity, shows that he had the 
honour of an intimacy with Mr. Addison and others, 
who were distinguished for their good sense and 
learning; and perhaps it was by their interest he 
was advanced to this profitable place. 

Governor Hunter brought over with him near 
three thousand Palatines, who the year before fled 
to England from the rage of persecution in Ger- 
many. Many of these people seated themselves in 
the city of New- York, where they built a Lutheran 
church, which is now in a declining condition. 
Others settled on a tract of several thousand acres, 
in the manor of Livingston. Their village there, 
called the Camp, is one of the pleasanlest situations 
on Hudson's river ; right opposite, on the west bank 
are many other families of them. Some went into 
Pennsylvania, and by the favourable accounts of the 
country, which they transmitted to Germany, were 
instrumental to the transmigration of many thou- 
sands of their countrymen into that province. Queen 
Anne's liberality to these people was not more 
beneficial to them than serviceable to this colony. 
They have behaved themselves peaceably, and lived 
with great industry. Many are rich ; all are pro- 



HISTORY OP NEW-YORK. 207 

testants, and well affected to the government. The 
same must be said of those who have lately settled 
amongst us, and planted the lands weistvvard of 
Albany. We have not the least ground for jealousy 
with respect to them. Amongst us they are few in 
number, compared to those in Pennsylvania : there 
they are too numerous to be soon assimilated to a 
new constitution. They retain all the manners and 
principles which prevail in their native country ; and 
as many of them are papists, some are not without 
their fears that sooner or later they will become 
dangerous to our colonies.* 

The late attempt to attack Canada proving abor- 
tive, exposed us to consequences equally calamitous, 
dreaded, and foreseen. While the preparations 
were making to invade it, the French exerted them- 
selves in cajoling their Indian allies to assist in the 
repulse; and as soon as the scheme dropped, nu- 
merous parties were sent out to harass the English 
frontiers. These irruptions were principally made 
on the northern parts of New-England, where the 
most savage cruelties were daily committed. New- 
York had, indeed, hitherto escaped, being covered 
by the Indians of the Five Nations ; but the danger 
we were in induced governor Hunter, soon after his 
arrival, to make a voyage to Albany, where he met 
the confederate chiefs and renewed the old covenant. 



* The surprising importation of Germans into that colony, gave rise to the 
scheme of dispersing English clergymen and schoolmasters amongst them. The 
project is founded on principles of sound pohty. If a political mission amoncr 
the Indians had been seasonably encouraged, the provmce of Pennsylvania 
might have escaped all that shocking devastation, vi^hich followed the fatal defeat 
of general Braddock's army on the 9th of July, 1755; and would perhaps, have 
prevented even the erection of fort Quesne, whicii has already cost the nation 
.«o much blood and treasure. 



208 HISTORY OF NEW-YOKK. 

While there, he was strongly solicited by the New- 
England governments, to engage our Indians in a 
war with those who were daily ravaging their bor- 
ders, but he prudently declined a measure which 
might have exposed his own province to a general 
devastation. A treaty of neutrality subsisted at that 
time between the confederates and the Canada 
French and their Indians, which depending upon 
the faith of lawless savages, was at best but preca- 
rious, and yet the only security we had for the peace 
of our borders. A rupture between them would have 
involved us in a scene of misery at a time of all others 
most unseasonable. However the people of New- 
England might censure the governor, it was a proof 
of his wisdom to refuse their request; for besides 
a want of men and arms to defend us, our forts were 
fallen down and our treasury exhausted. 

The new assembly met at New- York, on the 1st 
of September. Mr. Nicoll, the speaker, Mr. Living- 
ston, Mr. De Lancey, and colonel Morris, were the 
members most distinguished for their activity in the 
house. Mr. De Lancey was a protestant refugee, a 
native of Caen, in Normandy, and, by marrying a 
daughter of Mr. Courtlandt, connected with a family 
then perhaps the most opulent and extensive of any in 
the province. He was an eminent merchant, and 
by a successful trade had amassed a very considera- 
ble fortune. But of all these, colonel Morris had 
the greatest influence on our public affairs. He 
was a man of letters, and though a little whimsical 
in his temper, was grave in his manners and of 
penetrating parts. Being excessively fond of the 
society of men of sense and reading, he was never 



HISTORY OF NEW-YORK. 209 

wearied at a sitting till the spirits of the whole com- 
pany were dissipated. From his infancy he had 
lived in a manner best adapted to teach him the 
nature of man, and to fortify his mind for the vicissi- 
tudes of life. He very early lost both his father 
and mother, and fell under the patronage of his 
uncle, formerly an officer of very considerable rank 
in Cromwell's army, who after the restoration dis- 
guised himself under the profession of quakerism, 
and settled on a fine farm within a few miles of the 
city, called, after his own name, Morrisania. Being 
a boy of strong passions, the general indications of 
a fruitful genius, he gave frequent offence to his 
uncle, and, on one of these occasions, through fear 
of his resentment, strolled away into Virginia, and 
thence to Jamaica in the West Indies,* where, to 
support himself, he set up for a scrivener. After 
several years spent in this vagabond life he returned 
again to his uncle, who received the young prodigal 
with joy ; and, to reduce him to regularity, brought 
about his marriage with a daughter of Mr. Graham, 
a fine lady, with whom he lived above fifty years, 
in the possession of every enjoyment which good 
sense and polite manners in a woman could afford. 
The greatest part of his life, before the arrival of 
Mr. Hunter, was spent in New-Jersey,t where he 

* He was one of the council in that province, and a judge of the supreme 
court there, in 1692. Upon the surrender of the government to queen Anne, in 
1702, he was named to be governor of the colony; but the appointment was 
changed in favour of lord Cornbury, the queen's cousin. 

t Hugh Coppathwait, a quaker zealot, was his preceptor : tlie pupil taking 
advantage of his enthusiasm, hid himself in a tree, and calling to him, ordered 
him to preach the gospel among the Mohawks. The credulous quaker took it 
for a miraculous call, and was upon the point of setting out when the cheat was 
discovered. 

VOL. I.— 27 



210 HISTORY OF NEW-YORK. 

signalized himself in the service both of the pro- 
prietors and the assembly. The latter employed 
him to draw up their complaint against my lord 
Cornbury, and he was made the bearer of it to the 
queen. Though he was indolent in the management 
of his private affairs, yet through the love of power 
he was always busy in matters of a political nature, 
and no man in the colony equalled him in the 
knowledge of the law and the arts of intrigue. 
From this character, the reader will easily perceive 
that governor Hunter showed his prudence in taking 
Mr. Morris into his confidence, his talents and ad- 
vantages rendering him either a useful friend or 
formidable foe. Such were the acting members of 
this assembly. When brigadier Hunter spoke to 
them, he recommended the settling a revenue, the 
defence of the frontiers, and the restoration of the 
public credit, which Lord Cornbury had almost en- 
tirely destroyed. To stifle the remaining sparks of 
our ancient feuds, he concluded with these words: " If 
any go about to disturb your peace by reviving buried 
parties or piques, or creating new ones, they shall 
meet with no countenance or encouragement from 
me ; and I am sure they deserve as little from you." 
The address of the house was perfectly agreeable to 
the governor. They promised to provide for the sup- 
port of government, and to restore the public credit, 
as well as to protect the frontiers. In answer to the 
close of his speech, they declare their hope, " That 
such as excited party contentions might meet with as 
little credit, and as much disgrace, as they deserve." 
This unanimity, however, was soon interrupted : 
Colonel Morris, for some warm words dropped in a 



HISTORY OF NEW- YORK. 211 

debate, was expelled the house ; and soon after a 
dispute ^rose between the council and assembly, 
concerning some amendments made by the former 
to a bill " For the treasurer's paying sundry sums of 
money." The design of it in mentioning the par- 
ticular sums, and rendering them issuable by their 
own officer, was to restrain the governor from 
repeating the misapplications which had been so 
frequent in a late administration. The council for 
that reason opposed it, and adhered to their amend- 
ments ; which occasioned a prorogation, on the 25th 
of November, after the passing of several other 
necessary laws. 

Mr. Hunter cautiously avoided entering publicly 
into tlie dispute between the two houses, till he 
knew the sentiments of the ministry, and then he 
opened the spring session with a speech too singular 
not to be inserted : 

" Gentlemen : I hope you are now come with a 
disposition to answer the ends of your meeting, that 
is, to provide a suitable support for her majesty's 
government here, in the manner she has been 
pleased to direct ; to find out means to restore the 
public credit, and to provide better for your own 
security. 

^'They abuse you, who tell you that you are hardly 
dealt by in the augmentation of salaries. Her ma- 
jesty's instructions which I communicated to you at 
our last meeting, might have convinced you that it 
was her tenderness towards her subjects in the plan- 
tations, who suffered under an established custom 
of making considerable presents to their governors, 
by acts of assembly, that induced her to allot to each 



212 HISTORY OF NEW-YORK. 

of them such a salary as she judged sufficient for 
their support in their respective stations, with a 
strict prohibition of all such presents for the future ; 
which instruction has met with a cheerful and grate- 
ful compliance in all the other colonies. 

"If you have been in any thing distinguished, it is 
by an extraordinary measure of her royal bounty 
and care. I hope you will make suitable returns, 
lest some insinuations much repeated of late years, 
should gain credit at last, that however your resent- 
ment has fallen upon the governor, it is the govern- 
ment you dislike. 

"It is necessary at this time that you be told also, 
that giving money for the support of government, 
and disposing of it at your pleasure, is the same 
with giving none at all. Her majesty is the sole 
judge of the merits of her servants. This right has 
never yet been disputed at home, and should I con- 
sent to give it up abroad, I should render myself 
unworthy, not only of the trust reposed in me, but 
of the society of my fellow-subjects, by incurring 
her highest displeasure. If I have tired you by a 
long speech, I shall make amends by putting you to 
the trouble of a very short answer. 

" Will you support her majesty's government in the 
manner she has been pleased to direct, or are you 
resolved that burden shall lie still upon the governor, 
who cannot accuse himself of any thing that may 
have deserved this treatment at your hands ? 

" Will you take care of the debts of the govern- 
ment, or, to increase my sufferings, must I continue 
under the torture of the daily cries of such as have 



HISTORY OF NEW-YORK. 213 

just demands upon you, and are in misery, without 
the power of giving them any hopes or relief? 

" Will you take more effectual care of your own 
safety, in that of your frontiers, or are you resolved 
for the future to rely upon the security of an open 
winter, and the caprice of your savage neighbours ? 
I shall be very sorry if this plainness offends you. I 
judge it necessary towards the establishing and cul- 
tivating a good understanding betwixt us ; I hope it 
will be so construed, and wish heartily it may have 
that efllect." 

Perplexed with this remarkable speech, the assem- 
bly, after a few days, concluded, that as his excel- 
lency had prorogued them in February, while he 
was at Burlington, in the province of New- Jersey, 
they could not sit and act as a house ; upon which, 
they were the same day dissolved. 

The five Indian kings, carried to England by 
colonel Schuyler, having seen all the curiosities in 
London, and been much entertained by many per- 
sons of distinction, returned to Boston with commo- 
dore Martin and colonel Nicholson ; the latter of 
whom commanded the forces designed against Port- 
Royal and the coast of Nova Scotia. In this enter- 
prise the New-England colonies, agreeable to their 
wonted courage and loyalty, lent their assistance ; 
and the reduction of the garrison, which was then 
called Annapolis-Royal, was happily completed on 
the 2d of October, 1710. Animated by this, and 
some other successes in Newfoundland, Nicholson 
again urged the prosecution of the scheme for the 
reduction of Canada ; which having been strongly 
recommended by the Indian chiefs, as the only 



214 HISTORY OF NEW-YORK. 

effectual means to secure the northern colonies, was 
now again resumed. 

Towards the execution of this project, five thou- 
sand troops from England and Flanders were sent 
over, under the command of brigadier Hill, the 
brother of Mrs. Masham, the queen's new confidant 
on the disgrace of the dutchess of Marlborough. 

The fleet of transports under the convoy of sir 
Hoveden Walker arrived, after a month's passage, at 
Boston, on the 4th of June, 1711. The provisions 
with which they expected to be supplied there being 
not collected, the troops landed. Nicholson, who 
was to command the land forces, came immediately 
to New- York, where Mr. Hunter convened the 
assembly on the 2d of July; The re-election of the 
same members who had served in the last, was a 
sufficient proof of the general aversion to the esta- 
blishment of a revenue. Robert Livingston, junior, 
who married the only daughter of colonel Schuyler, 
came in for Albany; and together with Mr. Morris, 
who was again chosen for the borough of West- 
Chester, joined the governor's interest. Brigadier 
Hunter informed the assembly of the intended ex- 
pedition, and the arrival of the fleet and forces; that 
the quota of this province settled by the council of 
war at New-London, was six hundred private sen- 
tinels and their officers ; besides which he recom- 
mended their making provision for building batteaus, 
transporting the troops and provisions, subsisting the 
Indians, and for the contingent charges : nor did he 
forget to mention the support of government and the 
public debts. 

The house was so well pleased with the design 



HISTORY OF NEW-YORK. 216 

upon Canada, that they voted an address of thanks 
to the queen, and sent a committee to Nicholson, to 
congratulate his arrival, and to make honourable 
acknowledgment of his "sedulous application to her 
majesty for reducing Canada." In a few days time, 
an act was passed for raising forces ; and the assem- 
bly, by a resolution, according to the governor's 
advice, restricted the price of provisions to certain 
particular sums. Bills of credit for forwarding the 
expedition were now also struck, to the amount of 
£10,000, to be sunk in five years by a tax on estates, 
real and personal. After these supplies were grant- 
ed the governor prorogued the assembly ; though 
nothing was done relating to the ordinary support of 
government. 

While these preparations were making at New- 
York, the fleet, consisting of twelve men of war, 
forty transports, and six store ships, with forty 
horses, a fine train of artillery and all manner of 
warlike stores, sailed for Canada from Boston, on 
the 30th of July; and about a month afterwards, 
Nicholson appeared at Albany, at the head of an 
army of four thousand men, raised in this and the 
colonies of New- Jersey and Connecticut: the several 
regiments being commanded by colonel Ingoldsby, 
colonel Whiting, and colonel Schuyler, the latter of 
whom procured six hundred of the Five Nations to 
join our army. 

The French in Canada were not unapprised of 
these designs. Vaudreuil, the governor-general, sent 
his orders from Montreal to the sieur De Beaucourt, 
to hasten the works he was about at Quebec, and 
commanded that all the regulars and militia should 



216 HISTORY OF NEW-YORK. 

be held in readiness to march on the first warning. 
Four or five hundred Indians, of the more distant 
nations, arrived at the same time at Montreal, with 
Messieurs St. Pierre and Tonti, who, together with 
the Caghnuaga proselytes, took up the hatchet in 
favour of the French. Vaudreuil, after despatching 
several Indians and two missionaries amons the 
Five Nations, to detach them from our interest, 
went to Quebec, which Beaucourt the engineer had 
sufficiently fortified to sustain a long siege. All the 
principal posts below the city, on both sides of the 
river, were prepared to receive the British troops in 
case of their landing. On the 14th of August, Sir 
Hoveden Walker arrived with the fleet in the 
mouth of St. Lawrence river; and fearinsf to lose 
the company of the transports, the wind blowing 
fresh at north-west, he put into Gaspey Bay, and 
continued there till the 20th of the same month. 
Two days after he sailed from thence, the fleet was 
in the utmost danger, for they had no soundings, 
were without sight of land, tlie wind high at east 
south-east, and the sky darkened by a thick fog. 
In these circumstances, the fleet brought to by the 
advice of the pilots, who were of opinion that if 
the ships lay with their heads to the southward, they 
might be driven by the stream into the midst of the 
channel ; but instead of that, in two hours after, they 
found themselves on the north shore, among rocks 
and islands, and upon the point of being lost. The 
men of war escaped, but eight transports, contain- 
ing eight hundred souls, officers, soldiers, and sea- 
men, were cast away. Two or three days being 
spent in recovering what they could from the shore, 



HISTORY OF NEW-YORK. 217 

it was determined at a consultation of sea officers, 
to return to some bay or harbour, till a further 
resolution could be taken. On the 14th of Sep- 
tember they arrived at Spanish-River bay, where a 
council of war, consisting of land and sea officers, 
considering that they had but ten weeks' provision, 
and judging that they could not depend upon a sup- 
ply from New England, unanimously concluded to 
return home, without making any further attempts; 
and they accordingly arrived at Portsmouth on the 
9th of October, when, in addition to our misfortunes 
the Edgar, a 70 gun ship, was blown up, having on 
board above four hundred men, besides many per- 
sons who came to visit their friends. 

•As soon as the Marquis De Vaudreuil, by the 
accounts of the fishermen and two other ships, had 
reason to suspect that our fleet was returned, he 
went to Chambly, and formed a camp of 3000 men 
to oppose Nicholson's army, intended to penetrate 
Canada at that end. But he was soon informed 
that our troops were returned, upon the news of the 
disaster which had befallen the fleet, and that the 
people of Albany were in the utmost consternation. 

The new ministry are generally censured for their 
conduct in this expedition by the whigs, who con- 
demn both the project and the measures taken 
towards its execution. The scheme was never laid 
before the parliament, though it was then sitting; but 
this, it is said, was for the greater secrecy ; and for 
the same reason, the fleet was not fully victualled at 
home. They relied upon New-England for sup- 
plies, and this destroyed the design ; for the ships 

VOL. I.— 28 



218 HISTORY OF NEW-YORK. 

tarried at Boston till the season for the attack was 
over. 

According to lord Harley's account of this expe- 
dition, the whole was a contrivance of Bolingbroke, 
Moore, and the lord chancellor Harcourt, to cheat 
the public of twenty thousand pounds. The latter 
of these was pleased to say " No government was 
worth serving, that would not admit of such advan- 
tageous jobs." 

Apprehensive that the enemy would fall upon our 
borders, as they afterwards really did, in small 
parties, upon the miscarriage of that enterprise, 
governor Hunter pressed the assembly in autumn to 
continue a number of men in pay the ensuing winter, 
and to repair the out forts. After the house had 
passed several votes to this purpose, his excellency, 
during the session, went up to Albany, to withdraw 
the forces of the colony, and give orders for the 
necessary repairs. 

The public debts, by this unfortunate expedition, 
were become greatly enhanced, and the assembly 
at last entered upon measures for the support of the 
government, and sent up to the council several bills 
for that purpose. The latter attempted to make 
amendments which the other would not admit, and a 
warm controversy arose between those two branches 
of the legislature. The council assigned instances 
that amendments had formerly been allowed ; and 
besides this argument, drawn from precedent, in- 
sisted that they were a part of the legislature, 
constituted as the assembly were "by the mere 
grace of the crown ;" adding that the lords of trade 
had determined the matter in their favour. The 



HISTORY OF NEW- YORK. 219 

house nevertheless adhered to their resolutions, and 
answered in these words : 

" 'Tis true, the share the council have (if any) in 
the legislation, does not flow from any title they 
have from the nature of that board, which is only 
to advise ; or from their being another distinct 
state, or rank of people in the constitution, which 
they are not, being all commons ; but only from the 
mere pleasure of the prince signified in the com- 
mission. On the contrary, the inherent right the 
assembly have to dispose of the money of the 
freemen of this colony, does not proceed from any 
commission, letters patent, or other grant from the 
crown ; but from the free choice and election of the 
people, who ought not to be divested of their pro- 
perty (nor justly can) without their consent. Any 
former condescensions of other assemblies will 
not prescribe to the council a privilege to make any 
of those amendments ; and therefore they have it 
not. If the lords commissioners for trade and 
plantations did conceive no reasons why the council 
should not have a right to amend money bills, this is 
far from concluding there are none. The assembly 
understand them very well, and are sufiiciently con- 
vinced of the necessity they are in, not to admit of 
any encroachment so much to their prejudice." 

Both houses adhered obstinately to their respec- 
tive opinions : in consequence of which, the public 
debts remained unpaid, though his excellency could 
not omit passing a bill for paying to himself 3750 
ounces of plate. 

Upon the return of the fleet, Dudley, Saltonstal, 
and Cranston, the governors of the eastern colonies 



22D HISTORY OF NEW-YORK. 

formed a design of engaging the Five Nations in a 
rupture with the French, and wrote on that head 
to Mr. Hunter ; who, suspicious that his assembly 
would not approve of any project that might increase 
the public debts, laid their letter before the house, 
and, according to his expectations, they declared 
against the scheme. 

About this time Mr. Hunter, by the advice of his 
council, began to exercise the office of chancellor, 
having, on the 4th of October, appointed Messrs. 
Van Dam and Philipse, masters ; Mr. Whileman, 
register; Mr. Harrison, examiner; and Messrs. 
Sharpas and Broughton, clerks. A proclamation 
was then issued, to signify the sitting of the court 
on Thursday in every week. This gave rise to 
these two resolutions of the house. 

*'Resolvedf That the erecting a court of chancery 
without consent in general assembly, is contrary 
to law, without precedent, and of dangerous con- 
sequence to the liberty and property of the subjects. 

" That the establishing fees, without consent in 
general assembly, is contrary to law." The council 
made these votes the subject of part of along repre- 
sentation, which they shortly after transmitted to 
the lords of trade, who, in a letter to the governor, 
in answer to it, approved of his erecting a court of 
equity, and blamed the assembly ; adding, ** That 
her majesty has an undoubted right of appointing 
such, and so many courts of judicature, in the 
plantations, as she shall think necessary for the 
distribution of justice." 

At the next meeting, in May, 1712, colonel Hun- 
ter strongly recommended the public debts to the 



UISTOIiY OF NEW-YORK. 221 

consideration of the assembly, informing them, that 
the lords of trade had signified their opinion with 
respect to the amending money bills in favour of 
the council. The house neglected the matters laid 
before them, and the governor broke up the session 
by a short prorogation of three days. After which 
they soon passed an act for paying his excellency 
8025 ounces of plate. Our public affairs never 
wore a more melancholy aspect than at this junc- 
ture. 

Among the Five Nations many emissaries from 
the French were daily seducing them from the 
British interest, and our late ill success gave such a 
powerful influence to their solicitations, that the 
Indians even at Catskill sent a belt of wampum to 
those in Dutchess county, to prepare for a war. 
The Senecas and Shawanas were also greatly dis- 
affected, and it was generally apprehended that they 
would fall upon the inhabitants along Hudson's 
river. An invasion was strongly suspected by sea 
on the city of New-York, where they had been 
alarmed in April by an insurrection of the negroes, 
who, in execution of a plot to set fire to the town, 
had burnt down a house in the night, and killed 
several people who came to extinguish the fire; for 
which nineteen of them were afterwards executed. 
But distressed as the colony then was, the assembly 
were inflexibly averse to the establishment of a reve- 
nue, which had formerly been wickedly misapplied 
and exhausted. At the ensuing session, in the fall, 
colonel Hunter proposed a scheme to the assembly, 
which was, in substance, that the receiver-general 
should give security, residing in the colony, for 



222 HISTORY OF NEW-YORK. 

the due execution of his office; and, every quarter, 
account to the governor and council for the sums he 
might receive. That the creditors of the govern- 
ment should, every three months, deliver in their 
demands to the governor and council; when, if that 
quarter's revenue equalled the amount of such debts, 
the governor, by the advice of council, should draw 
for it ; but if the revenue for that quarter should 
fall short of the governor's demands, then the war- 
rants were to be drawn for so much only as remained, 
and the creditors should afterwards receive new 
drafts for their balances in the next quarter. That 
no warrant should be issued until the quarterly 
account of the revenue was given in; but that then 
they should be paid in course, and an action of 
debt be given against the receiver-general in case 
of refusal. That he should account also to the 
assembly when required, and permit all persons to 
have recourse to his books. The house turned a 
deaf ear to this plausible project, and displeased 
with a letter from the lords of trade, favouring the 
council's claim to amend money bills, they agreed 
upon an address to the queen, protesting their 
willingness to support her government, complaining 
of misapplications in the treasury, intimating their 
suspicions that they were misrepresented, and pray- 
ing an instruction to the governor to give his consent 
to a law for supporting an agent to represent them 
at the court of Great Britain. Provoked by this con- 
duct, and to put an end to the disputes subsisting 
between the two houses, his excellency dissolved 
the assembly. 
Before the meeting of the next assembly, the 



HISTORY OF NEW-YORK. 223 

peace of Utrecht was concluded, on the 31st of 
March, 1713. A peace, in the judgment of many, 
dishonourable to Great Britain, and injurious to her 
allies. I shall only consider it with relation to our 
Indian affairs. The reader doubtless observed, that 
lord Bellomont, after the peace at Ryswick, con- 
tended with the governor of Canada, that the Five 
Nations ought to be considered as subjects of the 
British crown, and that the point was disputed even 
after the death of count Frontenac. It does not 
appear that any decision of that matter was made 
between the two crowns, till the treaty of Utrecht, 
the fifteenth article of which is in these words : 

**The subjects of France inhabiting Canada, and 
others, shall hereafter give no hindrance or molesta- 
tion to the five nations or cantons of Indians, sub- 
ject to the dominion of Great Britain, nor to the 
other nations of America who are friends to the same. 
In like manner, the subjects of Great Britain shall 
behave themselves peaceably towards the Ameri- 
cans who are subjects or friends to France ; and on 
both sides they shall enjoy full liberty of going and 
coming on account of trade ; also the natives of these 
countries shall, with the same liberty, resort, as they 
please, to the British and French colonies, for pro- 
moting trade on one side and the other, without any 
molestation or hindrance, either on the part of the 
British subjects, or of the French. But it is to be 
exactly and distinctly settled by commissaries, who 
are, and who ought to be, accounted the subjects of 
Britain or of France." 

In consequence of this treaty, the British crown 
became entitled, at least for any claim that could 



224 HISTORY OF NEW-YORK. 

justly be interposed by the French, to the sovereignty 
over the country of the Five Nations, concerning 
the extent of which, as it never was adjusted by 
commissaries, it may not be improper to say a few 
words. 

When the Dutch bes^an the settlement of this 
country, all the Indians on Long-Island and the 
northern shore of the sound, on the banks of the 
Connecticut, Hudson, Delaware, and Susquehanna 
rivers, were in subjection to the Five Nations ; and 
within the memory of persons now living, acknow- 
ledged it by the payment of an annual tribute.* 
The French historians of Canada, both ancient and 
modern, agree that the more northern Indians were 
driven before the superior martial prowess of the 
confederates. The author of the book entitled 
" Relation de ce qui s'est passe de plus remarquable 
aux Mission de Peres de la Compagnie de Jesus, en 
la nouvelle France," published with the privilege of 
the French king, at Paris, in 1661, writes with such 
singular simplicity, as obviates the least suspicion of 
those sinister views so remarkable in the late French 
histories. He informs us that all the northern 
Indians, as far as Hudson's Bay, were harassed by 
the Five Nations: "Partout(says he, speaking in the 
name of the Missionaries) nous trouvons Iroquois, 
qui comme un phantome importun, nous obsede 
en tons lieux." In the account he gives of the 
travels of a father, in 1658, we are told that the 
banks of the upper lake were lined with the Algon- 
quins, " ou la crainte des Iroquois leur a fait cher- 

* A little tribe settled at the Sugar Loaf mountain, in Orange county, to thit 
day make a yearly payment of about £20 to the Mohawks. 



HISTORY OF NEW-YORK. 225 

cher un asyle." Writing of the llurous, *'La nation 
la plus sedentaire et la plus propre pour les se- 
mences de la foy," he represents them as totally 
destroyed by the confederates. Charlevoix, whose 
history of New France is calculated to countenance 
the encroachments of the French, gives the follow- 
ing description of the territory of the confederates. 

" The country of the Iroquois (says he) extends 
itself between the 41st and 44th degrees of north 
latitude, about 70 or 80 leagues from east to west, 
from the head of the river bearing for its name that 
of Richelieu and Sorel f that is, from lake St. Sacra- 
ment to Niagara, and a little above 40 leagues from 
north to south, or rather north-east and south-west, 
from the head of the Mowhawks' river to the river 
Ohio. Thus the last-mentioned river and Penn- 
sylvania bound it on the south. On the west it has 
lake Ontario; and lake Erie on the north-west; St. 
Sacrament and the river St. Lawrence on the north; 
on the south and south-east, the province of New- 
York. It is watered with many rivers. The land is 
in some places broken, but generally speaking, very 
fertile." 

In this partial description, the Jesuit is neither con- 
sistent with his geographer or several other French 
authors ; and yet both his history and Mr. Bellin's 
maps, in I744,t which are bound up with it, furnish 

* The river issuing from lake Champlain, is called Rivieres des Iroquois de 
Richelieu and Sorel, but the last is now most commonly used. 

t Mr. Bellin published a new set of maps in 1745, the first plate being 
thought too favourable to our claims, especially in the protraction of the north 
side of the bay of Fundy, for Nova-Scotia, wliich, in the second plate, was called 
" the south part of New France.'' General Shirlej', one of the British com- 
missaries for settling the disputed limits, took occasion to speak of this altera- 
tion to Mr. Bellin at Paris, and informed him that 100 copies of his first maps 
were dispersed in London, u])on which he discovered some surprise : but instead 

VOL. I.— 29 



226 HISTORY OF NEW-YORK. 

many strong evidences in favor of the British claimss. 
I will point out a few instances. The ancient coun- 
try of the Hurons is laid down on the north side of 
lake Erie, by which we are ascertained of the extent 
of territory to which the Five Nations are entitled 
by their conquest of that people. The right of the 
confederates to the south side of that lake, is also 
established by their dispersion of the Cat Indians, 
to whom it originally belonged The land, on both 
sides of the lake Ontario, is admitted to be theirs by 
this geographer, who writes on the north, "Les Iro- 
quois du Nord," and on the south side, " Pays des 
Iroquois." Hennepin, La Hontan, and Delisle, all 
concur with Bellin in extending the right of the Five 
Nations to the lands on the north side of lake 
Ontario. The first of these, besides what appears 
from his map, speaking of that lake, has these w^ords, 
^' There are likewise on the north side of these Iro- 
quois villages, Tejajahon, Kente, and Ganneousse," 
every one of which is laid down even in Bellin's, 
and almost all the maps I have seen of that country, 
whether French or English. What renders Hen- 
nepin's account the more remarkable is, that these 
villages were there in 1679, seven years after the 
erection of fort Frontenac. From whence it may 
fairly be argued, that their not opposing those works, 
was by no means a cession of the country to the 

of urging any thing in support of the variation in his new draft, said, smiling, 
" we in France must follow the command of the monarcli." I mention this to 
show, that since the Frencli government iiiterposes in the construction of their 
maps, they are proper evidence against them. Among the English, Dr. Mitchel's 
IS the only authentic one extant. None of the rest, concerning America; 
have passed under tlie examination, or received the sanction of any public 
board; and, for this reason, they ought not to be construed to our prejudice. 
Add, tiiat they generally copy from Ihe French. 



HISTORY OF NEW-YORK. 227 

French ; and indeed Charlevoix himself represents 
that matter as carried on by a fraud, for, says he, 
" Under pretext of seeking their advantage, the 
governor had nothing in view, que de Us tenir en 
hride.^^ 

To these attestations, which are the more to be 
depended upon, because they are given by the 
French writers, whose partiality leads them to con- 
fine the Five Nations to contracted limits,* we may 
add, that our Indians universally concur in the claim 
of all the lands not sold to the English, from the 
mouth of Sorel river, on the south side of the lakes 
Erie and Ontario, on both sides of the Ohio, till it 
falls into the Mississippi ; and on the north side of 
those lakes, that whole territory between the Outa- 
wais river and the lake Huron, and even beyond 
the straits between that and lake Erie. This last 
tract, and the land on the north side of the lakes 
Erie and Ontario, were contained in their surrender 
to king William, in 1701, of which I took notice in 
its proper place : and, doubtless, to that and lord 
Bellomont's contest with count Frontenac, we must 
ascribe it, that the Five Nations were afterwards so 
particularly taken notice of in the treaty of Utrecht. 

The British title to fort Frontenac, and the lands 
on the north-west side of Cadaraqui river, has of 
late been drawn into question by some, who from 
jealousy, or other motives equally shameful, were 

* Mr. Bellin -tvas engineer of the marine, and tells us, that Charlevoix per- 
formed his travels in this country, by order of the French court; that he was a 
man of attention and curiosity, and had a determined resolution to collect all 
possible inteUigence, which he designed to make public. To give the greater 
credit to the Jesuit's history and his own map, he adds, that Charlevoix wac 
never without the instruments proper for a voyager. " partout la boussole a )?• 
main." 



228 HISTORY OF NEW-YOIIK. 

bent upon finding fault with every measure planned 
by general Shirley. The advocates for the French 
claim relied much on a late map of the middle 
British colonies, and two pamphlets published by 
Lewis Evans. 

" The French, says he, being in possession of fort 
Frontenac at the peace of Ryswick, which they 
attained during their war with the confederates, 
gives them an undoubted title to the acquisition of 
the north-west side of St. Lawrence river, from 
thence to their settlement at Montreal." The writer 
adds, " It was upon the faith and honour of king 
William's promise (by the fourth article of the 
treaty of Ryswick) of not disturbing the French 
king in the free possession of the kingdoms, coun- 
tries, lands, or dominions he then enjoyed, that I 
said the French had an undoubted title to their 
acquisition of the north-west side of St. Lawrence 
river, from Frontenac to Montreal." 

Whether the treaty ought to be considered as 
having any relation to this matter, is a question 
which I shall not take upon me to determine. The 
map-maker supposes it to be applicable, and for 
the present I grant it. The twelfth article of this 
treaty is in these words : — " The most christian 
king shall restore to the king of Great Britain all 
countries, islands, forts, and colonies, wheresoever 
situated, which the English did possess before the 
declaration of the present war. And in like man- 
ner the king of Great Britain shall restore to the 
most christian king, all countries, islands, forts, and 
colonies, wheresoever situated, which the French did 
possess before the said declaration of war." If 



HISTORY OP NEW-YORK. 229 

therefore the British subjects were in possession of 
fort Frontenac at the commencement of the war, 
the French, who attained it during its continuancey 
accordmg to this treaty, ought to have surrendered 
it to the British crown. 

Whatever the French title to fort Frontenac might 
have been antecedent to the year 1688, in which 
the island of Montreal was invaded by the Five 
Nations, it is certain that it was then abandoned, 
and that the Indians entered it, and demolished a 
great part of the works.* But the author of the 
map affirms, " that the English did not possess fort 
Frontenac before the declaration of war terminated 
by the peace of Ryswick." To which T reply, that 
the Indians acquired a title in 1688, either by con- 
quest or dereliction, or both ; and that the crown of 
Great Britain had a right to take advantage of 
their acquisition, in virtue of its sovereignty over 
the Five Cantons. That they were our dependents, 
was strongly and often insisted upon by governor 
Dongan and lord Bellomont,and the point remained 
sub judice till the treaty of Utrecht. Then a deci- 
sion was solemnly made in our favour, which looks 
back, as the determination of all disputes do, at least 
as far as the first rise of the controversy; posterior to 
which, and prior to king William's war, his Indian 
subjects obtained the possession of the fort in ques- 
tion. f Whence I think it may be fairly deduced, if 
we take the treaty of Ryswick for our rule, that fort 
Frontenac, which was regained by the French during 

'' Lefort de Catarocouy etoit evacue et mine. — Charlevoix. 
i The Five Nations entered tlie fort in 1688, and tlie war against France \va< 
not proclaimed till May, J 689. 



230 HISTORY OF NEW-YORK. 

their war with us, ought to have been surrendered 
to the British crown. Every public transaction 
between the French and the F'ive Nations, without 
the participation of the government of Great 
Britain, since the Indians were claimed as our 
dependents, is perhaps absolutely void, and parti- 
cularly the treaty of peace made between the Indians 
and the chevalier De Callieres after the death of 
count Frontenac* 

The possession of any part of the country of the 
Five Nations by the French, either before or since 
the close of queen Anne's war, cannot prejudice the 
British title, because the treaty of Aix la Chapelle 
renews and confirms that executed at Utrecht in 
17 '3, and expressly stipulates, that the dominions 
of the contracting parties shall be in the same con- 
dition " which they ought of right to have been in 
before the late war." Commissaries were soon after 
appointed to adjust the controverted limits, who 
accordingly met at Paris, and continued the negotia- 

* Evans's map and first pamphlet, or analysis, were published in the summer 
1755, and that part in favour of the French claim to Frontenac was attacked by 
two papers in the New-York Mercury, in January, 1756- This occasioned his 
publication of the second pamphlet the next spring, in which he endeavours to 
support his map. He was a man in low circumstances, in his temper precipitate, 
of violent passions, great vanity, and rude manners. He pretended to the 
knowledge of every thing, and yet had very little learning. By his inquisitive 
turn, he filled his head with a considerable collection of materials, and a person 
of more judgment than he had, might, for a few days, receive advantages from 
his conversation. He piqued himself much upon his two maps, which are how- 
ever, j ustly chargeable with many errors. His ignorance of language is evident, 
both in them and the two pamphlets of his analysis, the last of which is stuffed 
with groundless aspersions on general Shirley, who deserves so well from these 
colonies, that on that account, and to weaken the authority of a map prejudicial 
to his majesty's rights, I beg the reader's excuse for tliis infraction of the old 
rule, de mortuis nil nisi bonum. He died at New-York, June 12, 1756, under ai* 
arrest for a gross slander, uttered against Mr. Morris, the governor of Pennsv'- 
vania- 



HISTORY OF NEW-YORK. 231 

tioii till the French king perfidiously seized upon 
several parts of Nova-Scotia, or Acadia, the settle- 
ment of the bounds of which was part of the very 
business of the commissaries. This gave rise to the 
present operations, and the longest sword will deter- 
mine the controversy. 

Brigadier Hunter was disappointed in his expec- 
tations upon the late dissolution, for though the elec- 
tions were very hot, and several new members came 
in, yet the majority were in the interest of the late 
assembly, and on the 27th of May, 1713, chose Mr. 
Nicoll into the chair. The governor spoke to them 
with great plainness, informing them that it would 
be in vain to endeavour to lodge the money allotted 
for the support of government, in any other than the 
hands of the queen's officers. " Nevertheless, (says 
he) if you are so resolved, you may put the country 
to the expense of a treasurer, for the custody of 
money raised for extraordinary uses." He added, 
that he was resolved to pass no law till provision 
was made for the government. The members were 
therefore reduced to the dilemma of passing a bill 
for that purpose, or breaking up immediately. They 
chose the former, and the governor gave his assent 
to that and an excise bill on strong liquors, which 
continues to this day, producing into the treasury 
about one thousand pounds per annum. After a 
short recess, several other laws were enacted in the 
fall; but the debts of the government still remained 
unnoticed, till the summer of the year 1714. A 
long session was then almost entirely devoted to 
that single affair. Incredible were the numbers of 
the public creditors ; new demands were every day 



232 HISTORY OF NEW-YORK. 

made. Petitions came in from all quarters, and 
even for debts contracted before the revolution. 
Their amount was nearly twenty-eight thousand 
pounds. To pay this prodigious sum, recourse was 
had to the circulation of bills of credit to that value. 
These were lodged in the hands of the province 
treasurer, and issued by him only, according to the 
directions of the act. 

The news of the queen's death arriving in the 
ensuing fall, a dissolution ensued of course ; and a 
new house met in May, 1715, which continued only 
to the 21st of July ; for the governor being now 
determined to subdue those whom he could not 
allure, again dissolved the assembly. He succeeded 
in his design, for though Mr. Nicoll was re-elected 
into the chair on the 9th of June, 1716, yet we 
plainly perceive by the harmony introduced between 
the several branches of the legislature, that the 
majority of the house were now in the interest of 
the governor. 

An incontestible evidence of their good under- 
standing appeared at the session in autumn, 1717, 
when the governor informed them of a memorial 
which had been sent home, reflecting upon his 
administration. The house immediately voted an 
address to him, which was conceived in terms of the 
utmost respect, testifying their abhorrence of the 
memorial as a false and malicious libel. It was 
supposed to be written by Mulford, a representative 
for Suffolk county, who always opposed the mea- 
sures that were taken to preserve the friendship of 
the Five Nations, and foolishly projected a scheme 
to cut them oflf. It was printed in England, and 



HISTORY OF NEW-YORK. 233 

delivered to the members at the door of tlie house 
of commons, but never had the author's intended 
effect. 

It was at this meeting the council, on the 3lst of 
October, sent a message by Mr. Alexander, then 
deputy secretary, to the house, desiring them " to 
appoint proper persons for running the division 
line between this colony and the province of New- 
.Tersey, his excellency being assured the legislature 
of the province of New-Jersey will bear half the 
expense thereof." The assembly had a bill before 
them, at that time, which afterwards passed into a 
law, for the payment of the remaining debts of the 
government, amounting to many thousand pounds; 
in which, after a recital of the general reasons for 
ascertaining the limits between New- York and New- 
Jersey on the one side, and Connecticut on the 
other, a clause was added to defray the expense of 
those services. Seven hundred and fifty ounces of 
plate were enacted " to be issued by warrant, under 
the hand and seal of the governor of this province 
for the time being, by and with the advice and con- 
sent of his majesty's council, in such parts and por- 
tions as shall be requisite for that service, when the 
survey, ascertaining, and running the said line, limit, 
and boundary, shall be begun, and carried on, by the 
mutual consent and agreement of his excellency and 
council of this province, and the proprietors of the 
soil of the said province of New-Jersey." According 
to this law, the line " agreed on by the surveyors 
and commissioners of each colony was to be con- 
clusive." Another sum was also provided by the 
same clause, for running the line between New- 
VOL. r.— 30 



2S4 HISTORY OF NEW- YORK. 

York and Connecticut; and in the year 1719, an act 
was passed for the settlement of that limit, of which 
I shall have occasion to take notice in a succeeding 
administration. 

Whether it was because Mr. Nicoll was disgusted 
with the governor's prevailing interest in the house, 
or owing to his infirm state of health, that he desired, 
by a letter to the general assembly, on the 1 8th of 
May,1718, to be discharged from the speaker's place, 
is uncertain. His request was readily granted, and 
Robert Livingston, esq. chosen in his stead. The 
concord between the governor and this assembly 
was now wound up to its highest pitch. Instead of 
other evidences of it, I shall lay before the reader his 
last speech to the house on the 24th of June, 1719, 
and their address in answer to it. 

*' Gentlemen, I have now sent for you, that you 
may be witnesses to my assent to the acts passed 
by the general assembly in this session. I hope 
that what remains unfinished, may be perfected by 
to-morrow, when 1 intend to put a close to this 
session. 

" I take this opportunity also to acquaint you, 
that my late uncertain state of health, the care of 
my little family, and my private affairs on the other 
side, have at last determined me to make use of 
that license of absence, which has been some time 
ago so graciously granted me, but with a firm reso- 
lution to return to you again, if it is his majesty's 
pleasure that I should do so : but if that proves 
otherwise, I assure you that whilst I live, I shall be 
watchful and industrious to promote the interest and 
vv^elfare of this country, of which I think 1 am under 



msTURV OF INEW-VOKK. 235 

the strongest obligations, for the future, to account 
myself a countryman. 

" I look with pleasure on the present quiet and 
flourishing state of the people here, whilst I reflect 
on that in which I found them at my arrival. As 
the very name of party or faction seems to be for- 
gotten, may it forever lie buried in oblivion, and no 
strife ever happen amongst you, but that laudable 
emulation who shall approve himself the most 
zealous servant and most dutiful subject of the best 
of princes, and most useful member of a well esta- 
blished and flourishing community, of which you, 
gentlemen, have given a happy example, which I 
hope will be followed by future assemblies. I men- 
tion it to your honour, and without ingratitude and 
breach of duty I could do no less." 

Colonel Morris and the new speaker were th6 
authors of the answer to this speech, though it was 
signed by all the members. Whether Mr. Hunter 
deserved the eulogium they bestowed upon him, I 
leave the reader to determine. It is certain that 
few plantation governors have the honour to carry 
home with them such a testimonial as this : 

"Sir: 
" When we reflect upon your past conduct, your 
just, mild, and tender administration, it heightens 
the concern we have for your departure, and makes 
our grief such as words cannot truly express. You 
have governed well and wisely, like a prudent 
magistrate, like an affectionate parent ; and where- 
ever you go, and whatever station the divine provi- 
dence shall please to assign you, our sincere desires 



236 HISTORY or new-york. 

and prayers for the happiness of you and yoursy 
shall always attend you. 

" We have seen many governors, and may see 
more ; and as none of those who had the honour to 
serve in your station, were ever so justly fixed in the 
affections of the governed, so those to come will 
acquire no mean reputation, when it can be said of 
them, their conduct has been like yours. 

" We thankfully accept the honour you do us, in 
calling yourself our countryman ; give us leave then 
to desire that you will not forget this as your coun- 
try, and, if you can, make haste to return to it. 

" But if the service of our sovereign will not 
admit of what we so earnestly desire, and his com- 
mands deny us that happiness, permit us to address 
you as our friend, and give us your assistance, when 
we are oppressed with an administration the reverse 
of yours." 

Colonel Hunter departing the province, the chief 
command devolved, the 31st of July, 1719, on Peter 
Schuyler, esq. then the eldest member of the board 
of council. As he had no interview with the assembly 
during his short administration, in which he behaved 
with great moderation and integrity, there is very 
little observable in his time, except a treaty at 
Albany with the Indians, for confirming the ancient 
league, and the transactions respecting the parti- 
tion line between this and the colony of New- Jersey : 
concerning the latter of which I shall now lay 
before the reader a very summary account. 

The two provinces were originally included in the 
grant of king Charles to the duke of York. New- 
Jersey was afterwards conveyed by the duke to lord 



HISTORY OF iNEVV-YORK. 237 

Berkley and sir George Carteret. This again, by 
a deed of partition, was divided into east and west 
Jersey, the former being released to sir George Car- 
teret, and the latter to the assigns of lord Berkley. 
The line of division extended from Little Egg har- 
bour to the north partition point on Delaware river, 
and thus both those tracts became concerned in the 
limits of the province of New- York. The original 
rights of lord Berkley and sir George Carteret, are 
vested in two different sets, consisting each of a 
great number of persons, known by the general 
name of the Proprietors of East and West Jersey, 
who, though they surrendered the powers of govern- 
ment to queen Anne in the year 1702, still retained 
their property in the soil. These were the persons 
interested against the claim of New-York. It is 
agreed on all sides, that the deed to New-Jersey is 
to be first satisfied out of that great tract granted 
to the duke, and that the remainder is the right of 
New- York. The proprietors insist upon extending 
their northern limits to a line drawn from the latitude 
of 41^ 40' on Delaware, to the latitude of 41*'. on 
Hudson's river, and allege that before the year 1671, 
the latitude of 41^ was reputed to be fourteen miles 
to the northward of Tappan creek, part of those 
lands being settled under New- Jersey till 1684. 

They also contend that in 1684 or 1685, Dongan 
and Lawrie, (the former governor of New- York, 
and the latter of New-Jersey,) with their respective 
councils, agreed that the latitude on Hudson's river 
was at the mouth of Tappan creek, and that a line 
from thence to the latitude of 41^ 40' on Delaware 
should be the boundary line. Tn 1686, Robinson, 



238 HISTORY OF INEW-YOKK. 

Wells,* and Keith, surveyors of the three several 
provinces, took two observations, and found the 
latitude of 4 P to be 1' and 25" to the northward of 
the Yonker's mills, which is four miles and forty-five 
chains to the southward of the mouth of Tappan 
creek ; but against these observations the proprietors 
offer sundry objections, which it is not my business 
to enumerate. It is not pretended by any of the 
litigants, that a line according to the stations settled 
by Dongan and Lawrie was actually run ; so that 
the limits of these contending provinces must long 
have existed in the uncertain conjectures of the 
inhabitants of both ; and yet the inconveniences of 
this unsettled state, through the infancy of the 
country, were very inconsiderable. In the year 1701, 
an act passed in New- York, relating to elections, 
which annexed VVagachemeck, and great and little 
Minisink, certain settlements near Delaware, to 
Ulster county. The intent of this law was to quiet 
disputes before subsisting between the inhabitants 
of those places, whose votes were required both in 
Orange and Ulster. The natural conclusion from 
hence is, that the legislature of New- York then 
deemed those plantations not included within the 
New-Jersey grant. 

Such was the state of this affair till the year 171 7, 
when provision was made by this province for run- 
ning the line : the same being done in New-Jersey 
the succeeding year, commissions for that purpose, 
under the great seals of the respective colonies, were 
issued in May, 1719. The commissioners by inden- 

■*The same who left the quakers, and look ordeis in llie church of Eno;laii'< 
BiirneCs history of his men times. 



HISTORY OF NEW-YORK. 239 

ture dated tlie 25th of July, fixed the north station 
point on the most northern branch of the Delaware, 
called the Fishkill; and from thence a random line 
was run to Hudson's river, terminating about five 
miles to the northward of the mouth i>f Tappan 
creek. In August the surveyors of East Jt-isey 
met for fixing the station on Hudson's river. All 
the commissioners not attending through sickness, 
nothing further was done. What had already been 
transacted, however, gave a general alarm to many 
persons interested in several patents under New- 
York, who before imagined their rights extended to 
the southward of the random line. The New- York 
surveyor afterwards declined proceeding in the 
work, complaining of faults in the instrument which 
Jiad been used in fixing the north station on Dela- 
^vare. The proprietors, on the other hand, think 
they have answered his objections, and the matter 
rested, without much contention, till the year 1740. 
Frequent quarrels multiplying after that period, re- 
lating to the rights of soil and jurisdiction southward 
of the line in 1719, a probationary act was passed 
in New-Jersey, in February, 1748, for running the 
line ex 'parte,, if the province of New-York re- 
fused to join in the work. Our assembly soon 
after directed their agent to oppose the king's 
confirmation of that act, and it was accordingly 
dropped, agreeable to the advice of the lords of 
trade, whose report of the 18th of July, 1753, on a 
matter of so much importance, will doubtless be 
acceptable to the reader. 

*' To the king's most excellent majesty : 
^* May it please your majesty: We have lately 



240 HISTORY OF NEW- YORK. 

had under our consideration an act passed in your 
majesty's province of New- Jersey, in 1747-8, enti- 
tled, "An act for running and ascertaining the line 
of partition and division betwixt this province of 
New-Jersey, and the province of New-York." 

"And having been attended by Mr. Paris, solici- 
tor in behalf of the proprietors of the eastern 
division of New-Jersey, with Mr. Hume Campbell 
and Mr. Henley, his counsel in support of the said 
act ; and by Mr. Charles, agent for the province of 
New-York, with Mr. Forrester and Mr. Pratt, his 
counsel against the said act ; and heard what each 
party had to offer thereupon ; we beg leave humbly 
to represent to your majesty, that the considerations 
which arise upon this act are of two sorts, viz. such 
as relate to the principles upon which it is founded, 
and such as relate to the transactions and circum- 
stances which accompany it. 

"As to the first, it is an act of the province of 
New- Jersey, interested in the determination of the 
limits, and in the consequential advantages to arise 
from it. 

" The province of New- Jersey, in its distinct and 
separate capacity, can neither make nor establish 
boundaries ; it can as little prescribe regulations for 
deciding differences between itself and other par- 
ties concerned in interest. 

" The established limits of its jurisdiction and 
territory, are such as the grants under which it claims 
have assigned. If those grants are doubtful, and 
differences arise upon the constructions, or upon the 
matters of them, we humbly apprehend that there 
are but two methods of deciding them — either by 



I1I^^T0RY OF INEW-YOJIK. 241 

the concurrence of all parties concerned in interest, 
or by the regular and legal forms of judicial pro- 
ceedings : and it appears to us, that the method of 
proceeding must be derived from the immediate 
authority of the crown itself, signified by a commis- 
sion from your majesty under the great seal : the 
commission of subordinate officers and of derivative 
povi^ers, being neither competent nor adequate to 
such purposes: to judge otherwise would be, as we 
humbly conceive, to set up ex 'parte determinations 
and incompetent jurisdictions in the place of justice 
and legal authority. 

*' If the act of New-Jersey cannot include other 
parties, it cannot be effectual to the ends proposed : 
and that it would not be effectual to form an absolute 
decision in this case, the legislature of that province 
seems sensible, whilst it endeavors to leave to your 
majesty's determination, the decision of one point re- 
lative to this matter, and of considerable importance 
to it; which power you rmajesty cannot derive from 
them, without their having the power to establish th^' 
thing itself, without the assistance of your majest} . 

"As we are of opinion that the present act, with- 
out the concurrence of other parties concerned in 
interest, is unwarrantable and ineffectual, we shall 
in the next place consider what transactions and 
proceedings have passed towards obtaining such 
concurrence. 

" The parties interested are your majesty and the 
two provinces of New- York and New- Jersey. Your 
majesty is interested with respect to your sovereignty, 
seigneurie, and property ; and the said provinces 
with respect to their government and jurisdiction. 

yoL. I.— 31 



!242 HISTOUY OF \KW-YOKK. 

" With regard to the transactions on the part oi' 
New- York, we beg leave to observe, that whatever 
agreements have been made formerly between the 
two provinces for settling their boundaries ; what- 
ever acts of assembly have passed, and whatever 
commissions have been issued by the respective 
governors and governments ; the proceedings under 
them have never been perfected, the work remains 
unfinished, and the disputes between the two pro- 
vinces subsist with as much contradiction as ever; 
but there is a circumstance that appears to us to have 
still more weight, namely, that those transactions 
were never properly warranted on the part of the 
crown ; the crown never participated in them, and 
therefore cannot be bound with respect to its interests 
by proceedings so authorized. 

" The interest which your majesty has in the 
determination of this boundary, may be considered 
in three lights : either as interests of sovereignty, 
respecting mere government ; of seigneurie, which 
respect escheats and quitrents; or of property, as 
relative to the soil itself; which last interest takes 
place in such cases, where either your majesty has 
never made any grants of the soil, or where such 
grants have by escheats reverted to your majesty. 

" With regard to the first of these interests, viz. 
that of sovereignty, it has been alleged to us in 
support of the act, that it is not materially affected 
by the question, as both provinces are under your 
majesty's immediate direction and government: but 
they stand in a very different light with respect to 
your majesty's interest in the quitrents and escheats ; 
in both which articles the situation of the two pro- 
vinces appears to us to make a very material altera- 



HISTOUV OF jNEW-YORK. 243 

tion : for although the province of New-Jersey is not 
under regulations of propriety or charter with res- 
pect to its government, yet it is a proprietary province 
with respect to the grant and tenure of its territory, 
and consequently as New- York is not in that pre- 
dicament, the determination of the boundary in 
prejudice to that province, will affect your majesty's 
interest with respect to the tenure of such lands as 
are concerned in this question : it being evident, 
that whatever districts are supposed to be included 
in the limits of New-Jersey, will immediately pass 
to the proprietors of that province, and be held of 
them, by which means your majesty would be 
deprived of your escheats, and the quitrents would 
pass into other hands. 

*' To obviate this objection, it has been alleged 
that the crown has already made absolute grants of 
the whole territory that can possibly come in ques- 
tion under the denomination of this boundary, and 
reserved only trifling and inconsiderable quitrents 
on those grants : but this argument does not seem 
to us to be conclusive, since it admits an interest in 
your majesty, the greatness or smallness of which is 
merely accidental ; and therefore does not affect 
the essence of the question : and we beg leave to 
observe, that in the case of exorbitant grants with 
inconsiderable quitrents ; and where consequently 
it may reasonably be supposed, that the crown has 
been deceived in such grants by its officers ; your 
majesty's contingent right of property in virtue of 
your seigneurie, seems rather to bo enlarged than 
diminished. 

" This being the cnsc, it appears to us that gover- 
nor Hunter ouuht vol to have isi?ucd his commit- 



244 HISTORY OF NEW-YORK. 

sion for running the line above mentioned, withouf 
having previously received the royal direction and 
instruction for that purpose ; and that a commission 
issued without such authority, can be considered, 
with respect to the interests of the crown, in no 
other light than as a mere nullity : and even with 
respect to New- York, we observe that the said com- 
mission is questionable, as it does not follow the 
directions of the above-mentioned act, passed in 
1717, which declares, that the commission to be 
issued, siiall be granted under the joint authority of 
the governor and council of that province. 

" But it has been further urged that the crown has 
since confirmed these transactions, either by pre- 
vious declarations or by subsequent acquiescence, 
and consequently participated in them so far as 
to include itself: we shall therefore, in the next 
place, beg leave to consider the circumstances urged 
for this purpose. 

" It has been alleged that the crown, by giving 
consent to the aforesaid act, passed in New- York in 
1717, for paying and discharging several debts due 
from that colony, &/C. concluded and bound itself 
with respect to the subsequent proceedings had 
under the commission issued by governor Hunter ; 
but the view and purport of that act appear to us 
so entire, and so distinctly formed for the purpose 
of raising money and establishing funds; so various 
and so distinct from any consideration of the dis- 
putes subsisting in the two provinces, with respect 
to the boundaries ; that we cannot conceive a single 
clause in so long and so intricate an act, can be a 
sufficient foundation to warrant the proceedings of 
governor Hunter subsequent to it, without a special 



HISTORY OF NEW-YOUK. 245 

authority from the crown for that purpose ; and 
there is the more reason to be of this opinion, as the 
crown, by giving its assent to that act, can be con- 
strued to have assented only to the levying money 
for a future purpose; which purpose could not be 
effected by any commission but from itself; and, 
therefore, can never be supposed to have thereby 
approved a commission from another authority, 
which was at that time already issued, and carrying 
in execution, previous to such assent. 

'*We further beg leave humbly to represent to 
your majesty, that the line of partition and division 
between your majesty's province of New- York and 
colony of Connecticut, having been run and ascer- 
tained, pursuant to the directions of an act passed 
at New- York for that purpose, in the year 1719, and 
confirmed by his late majesty in 1723; the transac- 
tions between the said province and colony, upon 
that occasion, have been alleged to be similar to, and 
urged as a precedent, and even as an approbation 
of the matter now in question : but we are humbly 
of opinion that the two cases are materially and 
essentially different. The act passed in New- York, 
in 1719, for running and ascertaining the lines of 
partition and division between that colony and the 
colony of Connecticut, recites, that in the year 1683, 
the governor and council of New-York, and the 
governor and commissioners of (Connecticut, did, 
in council, conclude an agreement concerning the 
boundaries of the two provinces ; that, in con- 
sequence of this agreement, commissioners and 
surveyors were appointed on the part of each go- 
vernment, who did actually agree, determine, and 
ascertain, the lines of partition ; marked out a certain 



246 H18T0RV UF NEW-YOKK. 

part of them, and fixed the point from whence the 
remaining part should be run : that the several things 
agreed on and done by the said commissioners 
were ratified by the respective governors ; entered 
on record in each colony, in March 1700 ; approved 
and confirmed by order of king William, the third, 
in his privy council ; and by his said majesty's letter 
to his governor of New- York. From this recital it 
appears to us, that those transactions were not only 
carried on with the participation, but confirmed by 
the express act and authority of the crown ; and that 
confirmation made the foundation of the act passed 
by New- York, for settling the boundaries between 
the two provinces; of all which authority and foun- 
dation the act we now lay before your majesty 
appears to us to be entirely destitute. 

"Upon the whole, as it appears to us that the act 
in question cannot be eftectual to the ends proposed ; 
that your majesty's interest maybe materially aflTected 
by it, and that the proceedings on which it is founded 
were not warranted in the first instance by the 
proper authority, but carried on without the partici- 
pation of the crown ; we cannot think it advisable 
to lay this act before your majesty, as fit to receive 
your royal approbation. 

" Which is most humbly submitted, 
" Dunk Halifax, 
"J. Grenville, 
"James Oswald, 
"Andrew Stone. 
" Whitehall, July 18, 1753." 



THE 



HISTORY OF NEW-YORK. 



PART V. 



FROM THE YEAR 1'720 TO THE COMMENCEMENT OF THE 
AD3IINISTRATI0N OF COLONEL COSBY. 

William Burnet, esq. took upon liim the govern- 
ment of this province, on the 17th of September, 
1720. The council named in his instructions were 
Col. Schuyler, Mr. Barbarie, 

Col. Depeyster, Mr, Philipse, 

Capt. Walter, Mr. Byerly, 

Col. Beekman, Mr. Clarke, 

Mr. Van Dam, Dr. JohnstOxN, 

Col. Heathcote, Mr. Harison. 

Mr. Burnet was a son of the celebrated bishop 
of that name, whose piety and erudition, but espe- 
cially his zeal and activity for the glorious revolution 
and protestant succession, will embalm his memory 
to the most distant ages. The governor was a man 
of sense and polite breeding, a well read scholar, 
sprightly, and of a social disposition. Being devoted 
to his books, he abstained from all those excesses 
into which his pleasurable relish would otherwise 
have plunged him. He studied the arts of recom- 
mendini? himself to the people, had nothing of the 



248 HISTORY or jnew-yokk. 

luoroseness of a scholar, was gay and condescending, 
affected no pomp, but visited every family of repu- 
tation, and often diverted himself in free converse 
with the ladies, by whom he was very much admired. 
No governor before him, did so much business in 
chancery. The office of chancellor was his delight. 
He made a tolerable figure in the exercise of it, 
though he was no lawyer, and had a foible very 
unsuitable for a judge, I mean his resolving too 
speedily, for he used to say of himself, " I act first 
and think afterwards." He spoke however always 
sensibly, and by his great reading was able to make 
a literary parade. — As to his fortune it was very 
inconsiderable, for he suffered much in the South 
Sea scheme. While in England, he had the office 
of comptroller of the customs at London, which he 
resigned to brigadier Hunter, as the latter, in his 
favour, did the government of this and the colony 
of New- Jersey Mr. Burnet's acquaintance with 
that gentleman gave him a fine opportunity, before 
his arrival, to obtain good intelligence both of per- 
sons and things. The brigadier recommended all 
his old friends to the favour of his successor, and 
hence we find that he made few changes amongst 
them.* Mr. Morris, the chief justice, was his 
principal confidant: Dr. Golden and Mr. Alexander, 
two Scotch gentlemen, had the next place in his 
esteem. He showed his wisdom in that choice, for 
they were both men of learning, good morals, and 
Holid parts. The former was well acquainted with 

* Colonel Schuyler and Mr. Philipse were, indeed, removed from the council 
board, by his representations ; and their opposing, in council, the continuance of 
the assembly, after his arrival, was the caupe of it. 



HISTORY OF NEW-YORK. 249 

the affairs of the province, and particularly those 
which concerned the French in Canada and our 
Indian allies. The latter was bred to the law, and, 
though no speaker, at the head of his profession 
for sagacity and penetration ; and in application to 
business no man could surpass him. Nor Avas he 
unacquainted with the aftairs of the public, having 
served in the secretary's office, the best school in the 
province for instruction in matters of government; 
because the secretary enjoys a plurality of offices, 
conversant with the first springs of our provincial 
economy. Both those gentlemen Mr. Burnet soon 
raised to the council board, as he also did Mr. 
Morris, jun. Mr. Van Horn, whose daughter he 
married, and Mr. Kennedy, who succeeded Byerly 
both at the council board, and in the office of 
receiver-general . 

Of all our governors, none had such extensive and 
just views of our Indian affiiirs, and the dangerous 
neighborhood of the French, as governor Burnet, in 
which Mr. Livingston was his principal assistant. 
His attention to these matters appeared at the very 
commencement of his administration, for in his first 
speech to the assembly, the very fall after his arrival, 
he laboured to implant the same sentiments in 
the breasts of the members ; endeavoring to alarm 
their fears by the daily advances of the French, 
their possessing the main passes, seducing our . 
Indian allies, and increasing their new settlements 
in Louisiana. 

Chief justice Morris, whose influence was very 
great in the house, drew the address in answer to 
the governor's speech, which contained a passage 
TOL. I. =-^2 



250 HISTORY OF NEW-YORK. 

manifesting the confidence they reposed in him. 
" We believe that the son of that worthy prelate, so 
eminently instrumental under our glorious monarch, 
William the third, in delivering us from arbitrary 
power, and its concomitants, popery, superstition, 
and slavery, has been educated in, and possesses, 
those principles that so justly recommended his 
father to the council and confidence of protestant 
princes, and succeeds our former governor, not 
only in power, but inclination to do us good." 

From an assembly impressed with such favour- 
able sentiments, his excellency had the highest 
reason to expect a submissive compliance with 
every thing recommended to their notice. The 
public business proceeded without suspicion or 
jealousy, and nothing intervened to disturb the 
tranquillity of the political state. Among the most 
remarkable acts passed at this session, we may 
reckon that for a five years' support ; another for 
laying a duty of two per cent, prime cost, on the 
importation of European goods, which was soon 
after repealed by the king ; and a third, for pro- 
hibiting the sale of Indian goods to the French. 
The last of these was a favorite act of the gover- 
nor's ; and though a law very advantageous to the 
province, became the source of an unreasonable 
opposition against him, which continued through 
his whole administration. From the conclusion of 
the peace of Utrecht, a great trade was carried on 
between Albany and Canada, for goods saleable 
among the Indians. The chiefs of the confederates 
wisely foresaw its ill consequences, and complained 



JIISTORY OF NEW-YORK. 251 

of it to the commissioners of Indian affairs,* who 
wrote to Mr. Hunter, acquainting him of their 
dissatisfaction. The letter was laid before the 
house, but no effectual step taken to prevent the 
mischief, till the passing of this act, which subjected 
the traders to a forfeiture of the effects sold, and 
the penalty of £100. Mr. Burnet's scheme was to 
draw the Indian trade into our own hands ; to 
obstruct the communication of the French with our 
allies, which gave them frequent opportunities of 
seducing them from their fidelity ; and to regain 
the Caghnuagas, who became interested in their 
disaffection, by being the carriers between Albany 
and Montreal. Among those who were more 
immediately prejudiced by this new regulation, the 
importers of those goods from Europe were the 
chief; and hence the spring of their opposition to 
the governor. 

All possible arts were used, both here and at 
home, to preserve the good temper of the assembly. 
Brigadier Hunter gave the ministry such favorable 

* The governors residing at New-York, rendered it necessary that some per- 
sons should be commissioned at Albany, to receive intelligence from the Indians 
and treat with them upon emergencies. This gave rise to the office of commis- 
sioners of Indian affairs, who in general transact all such matters as might be 
done by the governor. Tliey receive no salaries, but considerable sums are 
deposited in their hands for occasional presents. There are regular minutes of 
their transactions from the year 1675. These were in separate quires, till Mr. 
Alexander, who borrowed them for his perusal in 1761, had them bound up in 
four large volumes in folio. Here all our Indian treaties are entered. The books 
are kept by a secretary commissioned in England, whose appointment is an 
annual salary of lOOZ. proclamation out of the quit-rents. The commandant at 
Oswego is generally a commissioner. The office would probably have been 
more advantageous than it has been, if the commissioners were not trader* 
themselves, than which nothing is more ignoble in the judgment of the Indians 
Sir William Johnson is at present the sole commissioner, and within nme months 
afterthe arrival of general Braddock, received 10,000/. .sterling, to secure the 
Indian itercst. 



252 HISTORY OF NEW-YORK. 

accounts of the members, that colonel Schuyler, 
during his presidentship, had orders from Mr. 
secretary Craggs, neither to dissolve them himself, 
nor permit them to be dissolved ; and at the spring 
session, in the year 1721, Mr. Burnet informed them 
that his continuance of them was highly approved 
at home. Horatio Walpole, the auditor-general, 
who had appointed Mr. Clarke for his deputy, 
thought this a favourable conjuncture for procuring 
five per cent, out of the treasury. But the house 
were averse to his application, and, on the 2d of 
.Tune, Abraham Depeyster, jun. was appointed trea- 
surer by the speaker's warrant, with the consent of 
the governor, in the room of his father, who was 
infirm ; upon which he entered into a recognizance 
of £5000 to the king, before a judge of the supreme 
court, for the faithful execution of his trust, which 
was lodged in the secretary's office. The house, at 
the same time, in an address, declared their willing- 
ness that the treasurer should account ; but utterly 
refused to admit of any drafts upon the treasury 
for the auditor-general, who was constrained to 
depend entirely upon the revenue, out of which he 
received about £200 per annum, 

Mr. Burnet being well acquainted with the geo- 
graphy of the country, wisely concluded that it was 
to the last degree necessary to get the command of 
the great lake Ontario, as well for the benefit of the 
trade, and the security of the friendship of the Five 
Nations, as to frustrate the French designs, of 
confining the English colonies to narrow limits 
along the sea coast, by a chain of forts on the great 
passes from Canada to Louisiana. Towards the 



HISTORY OF NEW-YORK. 253 

subversion of tliis scheme, he began the erection of 
a trading house at Oswego, in the county of the 
Senecas, in 172i; and recommended a provision for 
the residence of trusty persons among them and 
the Onondagas, which last possess the centre of the 
Five Cantons. This year was remarkable for a 
congress of several governors and commissioners, 
on the renewal of the ancient friendship with the 
Indians at Albany. Mr. Burnet prevailed upon 
them to send a message, to threaten the eastern 
Indians with a war, unless they concluded a peace 
with the English, who were very much harassed by 
their frequent irruptions. On the 20th of May, in the 
year following, the confederates were augmented 
by their reception of above 80 Nicariagas, besides 
women and children, as they had been formerly by 
the addition of the Tuscaroras. The country of the 
Nicariagas was on the north side of Missilimaki- 
nack; but the Tuscaroras possessed a tract of land 
near the sources of James's river, in Virginia, from 
whence the encroachments of the English induced 
them to remove, and settle near the south-east end 
of the Oneida lake. 

The strict union subsisting between the several 
branches of the legislature, gave a handle to Mr. 
Burnet's enemies to excite a clamour against him. 
Jealousies were industriously sown in the breasts of 
the people. The continuance of an assembly after 
the accession of a new governor, was represented as 
an anti-constitutional project; and though the affairs 
of the public were conducted with wisdom and 
spirit, many were so much imposed upon, that a 
rupture between the governor and the assembly was 



264 HISTORY OF NEW- YORK. 

thought to be absolutely necessary for the weal and 
safety of the community. But ihis was not the only 
stratagem of those who were disaffected by the 
prohibition of the French trade. The London 
merchants were induced to petition the king for an 
order to his governor, prohibiting the revival of the 
act made against it, or the passing any new law of 
that tendency. The petition was referred to the 
board of trade, and backed before their lordships 
with suggestions of the most notorious falsehoods. 
The lords of trade prudently advised that no such 
directions should be sent to Mr. Burnet, till he had 
an opportunity of answering the objections against 
the act. They were accordingly sent over to him, 
and he laid them before his council Dr. Golden 
and Mr. Alexander exerted themselves in a memo- 
rable report in answer to them, which drew upon 
them the resentment of several merchants here, who 
had first excited the London petition, and laid the 
foundation for a variance between their families, 
which has manifested itself on many occasions. In 
justice to Mr. Burnet's memory, and to show the 
propriety of his measures for obstructing the French 
trade, I cannot refrain the republication of the 
council's report at full length. 

" May it please your Excellency, 
" In obedience to your excellency's commands, in 
council, the '29th of October, referring to us a peti- 
tion of several merchants in London, presented to 
the king's most excellent majesty, against renewing 
an act passed in this province, entitled, *An act for the 
encouragement of the Indian trade, and rendering 



HISTORY OF NEW-YORK. 255 

it more effectual to the inhabitants of this province, 
and for prohibiting the selling of Indian goods to 
the French.' As likewise the several allegations 
of the said merchants before the right honourable 
the lords of trade and plantations, we beg leave to 
make the foUowing remarks. 

"In order to make our observations the more 
distinct and clear, we shall gather together the 
several assertions of the said merchants, both in 
their petition, and delivered verbally before the 
lords of trade, as to the situation of this province, 
with respect to the French and Indian nations ; and 
observe on them, in the first place, they being the 
foundation on which all their other allegations are 
grounded. Afterwards we shall lay before your 
excellency, what we think necessary to observe on 
the other parts of the said petition, in the order 
they are in the petition, or in the report of the lords 
of trade. 

"In their geographical accounts they say, * Besides 
the nations of Indians that are in the English 
interest, there are very many nations of Indians, 
who are at present in the interest of the French, 
and who lie between New- York and the nations of 
Indians in the English interest — The French and 
their Indians would not permit the English Indians 
to pass over by their forts.' The said act * restrains 
them (the Five Nations) from a free commerce with 
the inhabitants of New-York. 

" * The five Indian nations are settled upon the 
banks of the river St. Lawrence, directly opposite 
to Quebec, two or three hundred leagues distant 
from the nearest British settlements in New- York, 



256 HISTORY OF NEW-YORK. 

" * They (the five nations of Indians) were two or 
three hundred leagues distant from Albany ; and 
that they could not come to trade with the English, 
but by going down the river St. Lawrence, and from 
thence through a lake, which brought them within 
eighteen leagues of Albany.' 

" These things the merchants have thought it safe 
for them, and consistent with their duty to his 
sacred majesty, to say in his majesty's presence, and 
to repeat them afterwards before the right honorable 
the lords of trade, though nothing can be more 
directly contrary to the truth. For there are no 
nations of Indians between New- York and the 
nations of Indians in the English interest, who are 
now six in number, by the addition of the Tusca- 
roras. The Mowhawks (called Annies* by the 
French) one of the Five Nations, live on the south 
side of a branch of Hudson's river, (not on the north 
side as they are placed in the French maps) and 
but forty miles directly west of Albany, and within 
the English settlements ; some of the English farms 
upon the same river, being thirty miles further west. 
The Oneidas (the next of the Five Nations) lie 
likewise west from Albany, near the head of the 
Mohawks' river, about one hundred miles from 
Albany. The Onondagas lie about one huudred and 
thirty miles west from Albany ; and the Tuscaroras 
live partly with the Oneidas and partly with the 
Onondagas. The Cayugas are about one hundred 
and sixty miles from Albany ; and the Senecas (the 
furthest of all these nations) are not above two 
hundred and forty miles from Albany, as may appear 

■■■ AgnieF. 



HISTORY OF WEW-YOllK.I 257 

from Mr. De Lisle's map of Louisiana, who lays 
down the Five Nations under the name of Iroquois : 
and the goods are daily carried from this province 
to the Senecas, as well as to those nations that lie 
nearer, by water all the way, except three miles, (or 
in the dry seasons five miles) where the traders carry 
over land between the Mohawks' river and the wood 
creek, which runs into the Oneidas' lake, without 
going near either St. Lawrence river, or any of the 
lakes upon which the French pass, which are entirely 
out of their way. 

" The nearest French forts or settlements to 
Albany, are Chambly and Montreal, both of them 
lying about north and by east from Albany, and are 
near two hundred miles distant from it. Quebec lies 
about three hundred and eighty miles north-east 
from Albany. So far is it from being true, that the 
Five Nations are situated upon the banks of the 
river St. Lawrence, opposite to Quebec, that Albany 
lies almost directly between Quebec and the Five 
Nations. And to say that these Indians cannot come 
to trade at Albany, but by going down the river St. 
Lawrence, and then into a lake eighteen leagues 
from Albany (we suppose they mean lake Cham- 
plain,) passing by the French forts, is to the same 
purpose as if they should say, that one cannot go 
from London to Bristol, but by way of Edinburgh. 

" Before we go on to observe other particulars, 
we beg leave further to remark, that it is so far from 
being true, that the Indians in the French interest 
lie between New-York and our five nations of 
Indians ; tliat some of our nations of Indians lie 
between the French and tlio Indians from whence 

VOL. I— 35 



258 HISTORY OF new-york. 

the French bring the far greatest quantity of their 
furs : for the Senecas (whom the French call 
Sonontouons*) are situated between lake Erie and 
Cadaracqui lake, (called by the French Ontario,) 
near the great fall of Iagara,t by which all the 
Indians that live round lake Erie, round the lake of 
the Hurons, round the lake of the Illinois, or 
Michigan, and round the great upper lake, gene- 
rally pass in their way to Canada. All the Indians 
situated upon the branches of the Mississippi, must 
likewise pass by the same place, if they go to 
Canada. And all of them likewise, in their way to 
Canada, pass by our trading-place upon the Cada- 
racqui lake, at the mouth of the Onondaga river. 
The nearest and safest way of carrying goods upon 
the Cadaracqui lake, towards Canada, being along 
the south side of that lake (near where our Indians 
are settled, and our trade of late is fixed) and not by 
the north side and Cadaracqui, or Frontenac fort, 
where the French are settled. 

•* Now that we have represented to your excel- 
lency, that not one word of the geography of these 
merchants is true, upon which all their reasoning 
is founded, it might seem needless to trouble your 
excellency with any further remaks, were it not to 
show with what earnestness they are promoting the 
French interest, to the prejudice of all his majesty's 
colonies in North America, and that they are not 
ashamed of asserting any thing for that end, even 
in the royal presence. 

" First they say, ' That by the act passed in this 

• Isomiontouans. 

i Somelimes Onianfara. Ocliniagara , but commonly Niagfara. 



HISTORY OF NEW-YORK. 259 

province, entitled an act for the encouragement 
of the Indian trade, &c., all trade whatsoever is 
prohibited in the strictest manner, and under the 
severest penalties, between the inhabitants of New- 
York government, and the French of Canada.' 

" This is not true ; for only carrying goods to the 
French which are proper for the Indian trade is 
prohibited. The trade, as to other things, is left in 
the same state it was before that act was made, as 
it will appear to any person that shall read it ; and 
there are, yearly, large quantities of other goods 
openly carried to Canada, without any hindrance 
from the government of New- York. Whatever 
may be said of the severity and penalties in that 
act, they are found insufficient to deter some from 
carrying goods clandestinely to the French ; and 
the legislature of this province are convinced that 
no penalties can be too severe, to prevent a trade 
which puts the safety of all his majesty's subjects of 
North America in the greatest danger. 

" Their next assertion is, * All the Indian goods 
have by this act been raised 2,5/. to 30/. per cent.' 
This is the only allegation in the whole petition 
that there is any ground for. Nevertheless, though 
the common channel of trade cannot be altered 
without some detriment to it in the beginning, we 
are assured from the custom-house books, that there 
has been every year, since the passing of this act, 
more furs exported from New-York, than in the 
year immediately before the passing of this act. It 
is not probable that the greatest difference between 
the exportation any year before this act and any 
year since, could so much alter the price of beaver, 



260 HISTORY OF NEW-YORK. 

as it is found to be this last year. Beaver is carried 
to Britain from other parts besides New-York, and 
it is certain that the price of beaver is not so much 
altered here by the quantity in our market, as by 
the demand for it in Britain. But as we cannot be 
so well informed here, what occasions beaver to be 
in greater demand in Britain, we must leave that to 
be inquired after in England. However, we are 
fully satisfied that it will be found to be for very 
different reasons from what the merchants allege. 

" The merchants go on and say, ' Whereas, on the 
other hand, this branch of the New-York trade, by 
the discouragements brought upon it by this act, is 
almost wholly engrossed by the French, who have 
already by this act been encouraged to send proper 
European goods to Canada, to carry on this trade, 
so that should this act be continued, the New- York 
trade, which is very considerable, must be wholly 
lost to us and centre in the French. Though New- 
York should not furnish them, the French would 
find another way to be supplied therewith, either 
from some other of his majesty's plantations, or 
it might be directly from Europe — many of the 
goods which the Indians want, being as easy to be 
had directly from France or Holland, as from Great 
Britain.' 

"This is easily answered, by informing your 
excellency, that the principal of the goods proper 
for the Indian market, are only of the manufactures 
of Great Britain, or of the British plantations, viz. 
strouds, or stroud-waters, and other woollens, and 
rum. — The French must be obliged to buy all their 
woollens (the strouds especially) in England, and 



HISTORY OF NEW-YORK. 261 

thence carry them to France, in order to their 
transportation to Canada. 

" The voyage to Quebec, through the Bay of St. 
Lawrence, is well known to be the most dangerous 
of any in the world, and only practicable in the 
summer months. The French have no commodi- 
ties in Canada, by reason of the cold and barrenness 
of the soil, proper for the West-India markets ; and 
therefore have no rum but by vessels from France, 
that touch at their islands in the West Indies. New- 
York has, by reason of its situation, both as to the 
sea and the Indians, every way the advantage of 
Canada. The New- York vessels make always two 
voyages in a year from England, one in summer, 
and another in winter, and several voyages in a 
year to the West-Indies. It is manifest, therefore, 
that it is not in the power of the French to import 
any goods near so cheap, to Canada, as they are 
imported to New- York. 

" But to put this out of all controversy, we need 
only observe to your excellency, that strouds, with- 
out which no considerable trade can be carried on 
with the Indians, are sold at Albany for lOZ. a piece ; 
they were sold at Montreal, before this act took 
place, at 13/. '2s. 6d. and now they are sold there 
for 25Z. and upwards ; which is an evident proof, 
that the French have not in these four years' time 
(during the continuance of this act) found out any 
other way to supply themselves with strouds ; and 
likewise that they cannot trade without them, seeing 
they buy them at so extravagant a price. 

" It likewise appears, that none of the neighbour- 
ing colonies have been able to supply the French 



2Q2 HISTORY OF ivew-yorr. 

with these goods, and those that know the geography 
of the country, know it is impracticable to do it at 
any tolerable rate, because they must carry their 
goods ten times furl her by land than we need to do. 

** We are likewise assured, that the merchants of 
Montreal lately told Mr. Vaudreuil, their governor, 
that if the trade from Albany be not by some means 
or other encouraged, they must abandon that settle- 
ment. We have reason therefore to suspect that 
these merchants (at least some of them) have been 
practised upon by the French agents in London ; 
for no doubt, the French will leave no method 
untried to defeat the present designs of this govern- 
ment, seeing they are more afraid of the conse- 
quences of this trade between New- York and the 
Indians, than of all the warlike expeditions that ever 
were attempted against Canada. 

" But to return to the petitioners. ' They conceive 
nothing can tend more to the withdrawing the 
affections of the Five Nations of Indians from the 
English interest, than the continuance of the said 
act, which in its effects restrains them from a free 
commerce with the inhabitants of New- York, and 
may too probably estrange them from the English 
interest ; whereas by a freedom of commerce, and 
an encouraged intercourse of trade with the French 
and their Indians, the English interest might, in 
time, be greatly improved and strengthened.' 

" It seems to us a strange argument to say, that an 
act, the whole purport of which is to encourage our 
own people to go among the Indians, and to draw 
the far Indians through our Indian country to Albany 
(and which has truly produced these effects) would, 



IIISJTORY OF NEW-YORK. 263 

on the contrary, restrain them from a free commerce 
with the inhabitants of New-York, and may too 
probably estrange them from the English interest ; 
and therefore that it would be much wiser in us to 
make use of the French, to promote the English 
interest ; and for which end, we ought to encourage 
a free intercourse between them and our Indians. 
The reverse of this is exactly true, in the opinion of 
our Five Nations ; who, in all their public treaties 
with this government, have represented against this 
trade, as the building the French forts with English 
strouds: that the encouraging a freedom of commerce 
with our Indians, and the Indians round them, who 
must pass through their country to Albany, would 
certainly increase both the English interest and 
theirs, among all the nations to the westward of 
them; and that the carrying the Indian market to 
Montreal in Canada, draws all the far Indians 
thither. 

" The last thing we have to take notice of is what 
the merchants asserted before the lords of trade, 
viz. * That there has not been half the quantity of 
European goods exported since the passing of this 
act, that used to be.' — We are well assured, that 
this is no better grounded than the above facts they 
assert with the same positiveness. For it is well 
known almost to every person in New- York, that 
there has not been a less, but rather a greater quan- 
tity of European goods imported into this place since 
the passing of this act, than was at any time before 
it in the same space of time ; as this appears by the 
manifests in the custom-house here, the same may 



264 HISTORY OF NEW- YORK. 

likewise be easily proved by the custom-house books 
in London. 

" As all the arguments of the merchants run upon 
the ill effects this act has had upon the trade and the 
minds of the Indians, every one of which we have 
shown to be asserted without the least foundation to 
support them ; there nothing now remains but to 
show the good effects this act has produced, which 
are so notorious in this province that we know not 
one person that now opens his mouth against the act. 

" Before this act passed, none of the people of this 
province travelled into the Indian countries to trade. 
We have now above forty young men, who have 
been several times as far as the lakes a trading, and 
thereby become well acquainted, not only with the 
trade of the Indians, but likewise with their man- 
ners and languages ; and those have returned with 
such large quantities of furs, that greater numbers 
are resolved to follow their example ; so that we 
have good reason to hope, that in a little time the 
Ensflish will draw the whole Indian trade of the 
inland countries to Albany, and into the country of 
the Five Nations. This government has built a 
public trading-house upon Cadaracqui lake, at Iron- 
dequat, in the Senecas' land, and another is to be 
built next spring, at the mouth of the Onondagas' 
river. All the far Indians pass by these places in 
their way to Canada ; and they are not above half so 
far from the English settlements, as they are from 
the French. 

" So far is it from being true what the merchants 
say, * that the French forts interrupt all communica- 



HISTORY OF NEW-YORK. 265 

tion between the Indians and the English ;' that if 
these places be well supported, as they easily can 
be from our settlements, in case of a rupture with 
the French it will be in the power of this province 
to intercept the greatest part of the trade between 
Canada and the Indians round the lakes and the 
branches of the Mississippi. Since this act passed, 
many nations have come to Albany to trade and offer 
peace and friendship, whose names had not so much 
as been heard of among us. In the beginning of 
May, 1723, a nation of Indians came to Albany 
singing and dancing, with their calumets before 
them, as they always do when they come to any place 
where they have not been before. We do not find 
that the commissioners of Indian affairs were able 
to inform themselves what nation this was. 

" Towards the end of the same month, eighty 
men, besides the women and children, came to 
Albany in the same manner. These had one of our 
Five Nations with them for an interpreter, by whom 
they informed the commissioners that they were of 
a great nation, called Nehkereages, consisting of 
six castles and tribes : and that they lived near a 
place called by the French, Missimakinah, between 
the upper lake and the lake of the Hurons. These 
Indians not only desired a free commerce, but like- 
wise to enter into a strict league of friendship with 
us and our six nations, that they might be accounted 
the seventh nation in the league, and being received 
accordingly, they lefi their calumet as a pledge of 
their fidelity. In .Tune another nation arrived, but 
from what part of the continent we have not 
learned. 

VOT,. T. -34 



266 HISTORY OF NEW-YORK. 

" In July the Twightwies arrived, and brought an 
Indian interpreter of our nations with them, who 
told that they were called by the French, Miamies, 
and that they live upon one of the branches of the 
river Mississippi. At the same time some of the 
Tahsasrrondie Indians, who live between lake Erie 
and the lake Huron, near a French settlement, did 
come and renew their league with the English, nor 
durst the French hinder them. In July this year, 
another nation came, whose situation and name we 
know not ; and in August and September, several 
parties of the same Indians that had been here last 
year : but the greatest numbers of these far Indians 
have been met this year in the Indian country, by 
our traders, every one of them endeavoring to get 
before another, in order to reap the profits of so 
advantageous a trade, which has all this summer 
long kept about forty traders constantly employed, 
in going between our trading places in our Indian 
country, and Albany. 

" All these nations of Indians, who came to 
Albany, said that the French had told them many 
strange stories of the English, and did what they 
could to hinder their coming to Albany, but that 
they had resolved to break through by force. The 
difference on this score between the Tahsagrondie 
Indians and the French (who have a fort and settle- 
ment there, called by them Le Detroit^ rose to that 
height, this summer, that Mr. Tonti, who com- 
manded there, thought it proper to retire, and return 
to Canada with many of his men. 

**We are, for these reasons, well assured that 
this year there will be more beaver exported for 



HISTORY OP NEW-YORK. 267 

Great Britain than ever was from this province in 
one year ; and that if the custom-house books at 
London be looked into, it will be found that there 
will be a far greater quantity of goods for the Indians 
(strouds especially) sent over next spring, than ever 
was at any one time to this province. For the mer- 
chants here tell us, that they have at this time 
ordered more of these goods than ever was done at 
any one time before. 

" These matters of fact prove beyond contradic- 
tion that this act has been of the greatest service to 
New- York, in making us acquainted with many 
nations of Indians, formerly entirely unknown and 
strangers to us ; withdrawing them from their 
dependance upon the French, and in uniting them 
to us and our Indians, by means of trade and mutual 
offices of friendship. Of what great consequence 
this may be to the British interest in general, as to 
trade, is apparent to any body. It is no less appa- 
rent likewise, that it is of the greatest consequence 
to the safety of all the British colonies in North 
America. We feel too sensibly the ill effects of the 
French interest in the present war betwixt New- 
England and only one nation of Indians supported 
by the French. Of what dismal consequences 
then might it be, if the French should be able to 
influence, in the same manner, so many and such 
numerous nations, as lie to the westward of this 
province, Pennsylvania, and Maryland ? On the 
other hand, if all these nations (who assert their 
own freedom, and declare themselves friends to 
those that supply them best with what they want) 
be brought to have a dependance upon the English 



268 HISTORY OF NEW-YORK. 

(as we have good reason to hope in a short time 
they will) the French of Canada, in case of a war, 
must be at the mercy of the English. 

" To these advantages must be added, that many 
of our young men having been induced by this act 
to travel among the Indians, they learn their man- 
ners, their languages, and the situation of all their 
countries, and become inured to all manner of 
fatigues and hardships ; and a great many more 
being resolved to follow their example, these young 
men, in case of war with the Indians, will be of ten 
times the service that the same number of the com- 
mon militia can be of. The eftects of this act have 
likewise so much quieted the minds of the people, 
with respect to the security of the frontiers, that our 
settlements are now extended above thirty miles 
further west towards the Indian countries, than they 
were before it passed. 

" The only thing that now remains to answer, is 
an objection which we suppose may be made : what 
can induce the merchants of London to petition 
against an act which will be really so much for their 
interest in the end ? The reason is in all probability, 
because they only consider their present gain ; and 
that they are not at all concerned for the safety 
of this country, in encouraging the most necessary 
undertaking, if they apprehend their profit for two 
or three years may be lessened by it. This inclina- 
tion of the merchants has been so notorious, that 
few nations at war with their neighbours have been 
able to restrain them from supplying their enemies 
with ammunition and arms. The pount D'Estrade, 
in his letters in 1638, says, that when the Dutch were 



HISTORY OF NEW-YORK. 269 

besieging Antwerp, one Beilancl, who had loaded 
four fly-boats with arms and powder for Antwerp, 
being taken up by the prince of Orange's order, 
and examined at Amsterdam, said boldly that the 
burghers of Amsterdam had a right to trade every 
where : that he could name a hundred that were 
factors for the merchants at Antwerp, and that he 
was one. 'That trade cannot be interrupted, and 
that for his part he was very free to own, that if to 
get any thing by trade it were necessary to pass 
through hell, he would venture to burn his sails.' 
When this principle so common to merchants is 
considered, and that some in this place have got 
estates by trading many years to Canada, it is not 
to be wondered that they have acted as factors for 
Canada in this affair, and that they have transmitted 
such accounts to their correspondents in London as 
are consistent with the trust reposed in them by the 
merchants of Canada. 

" In the last place, we are humbly of opinion that 
it may be proper to print the petition of the mer- 
chants of London, and their allegations before the 
lords of trade, together with the answers your com- 
mittee has made thereto in vindication of the legis- 
lature of this province, of which we have the honour 
to be a part, if your excellency shall approve of our 
answers, that what we have said may be exposed to 
the examination of every one in this place where the 
truth of the matters of fact is best known, and that 
the correspondents of these merchants may have the 
most public notice to reply, if they shall think it 
proper, or to disown in a public manner that they 



270 HISTORY OP NEW-YORK. 

are the authors of such groundless informations. 

All which is unanimously and humbly submitted by 
" Your Excellency's 

" Most obedient humble servants, 
**R. Walter, 
" Rip Van Dam, 
"John Barbarie, 
" Fr. Harrison, 
"Cadwallader Golden, 
"James Alexander, 
" Abraham Van Horne.'" 

Governor Burnet transmitted this report to the 
board of trade, and it had the intended effect. 

About the latter end of the year 1 724, an unfortu- 
nate dispute commenced in the French church, of 
which, because it had no small influence on the 
public affairs of the government, 1 shall lay before 
the reader a short account. 

The persecutions in France, which ensued upon 
the revocation of the edict of Nantz, drove the pro- 
testant subjects of Louis XIV. into the territories of 
other princes ; many of them fled even into this pro- 
vince; the most opulent settled in the city of New- 
York, others went into the country and planted New 
Rochelle, and a few seated themselves at the New 
Paltz in Ulster county. Those who resided in New- 
York soon erected a church upon the principles and 
model of that in Geneva ; and by their growth and 
foreign accessions, formed a coiigregation for num- 
bers and riches superior to all but the Dutch. They 
had two ministers : Rou, the first called, was a man 



HISTORY OF NEW-VORK. 271 

of learning, but proud, pleasurable, and passionate : 
Moulinaars,his colleague,was most distinguished for 
his pacific spirit, dull parts, and unblameable life and 
conversation ; Rou despised his fellow labourer, and 
for a long time commanded the whole congregation 
by the superiority of his talents for the pulpit. The 
other, impatient of repeated atfronts and open con- 
tempt, raised a party in his favour, and this year 
succeeded in the election of a set of elders disposed 
to humble the delinquent. Rou being suspicious of 
the design, refused to acknowledge them duly 
elected. Incensed at this conduct, they entered 
an act in their minutes, dismissing him from the 
pastoral charge of the church, and procured a 
ratification of the act under the hands of the ma- 
jority of the people. Governor Burnet had, long 
before this time, admitted Rou into his familiarity, 
on the score of his learning : and that consideration 
encouraged a petition to him, from Ron's adherents, 
complaining against the elders. The matter was 
then referred to a committee of the council, who 
advised that the congregation should be admonished 
to bring their diflTerences to an amicable conclusion. 
Some overtures, to that end, were attempted ; and 
the elders offered to submit the controversy to the 
Dutch ministers. But Rou, who knew that the 
French church in this country, without a synod, was 
unorganized, and could not restrain him, chose 
rather to bring his bill in chancery before the 
governor. 
. Mr. Alexander was his council, and Mr. Smith,* 

* These gentlemen came into the colony in the same ship in 1715. The latter 
was bom at Newport Pagnel, in Buckinghamshire. They were among' the 



272 HISTORY OF NEW-YORK. 

a young lawyer, of the first reputation as a speaker, 
appeared for the elders. He pleaded to the juris- 
diction of the court, insisting that the matter was 
entirely ecclesiastical, and, in the prosecution of his 
argument, entered largely into an examination of 
the government of the protestant churches m France. 
According to which, he showed that the consistory 
were the proper judges of the point in dispute, in 
the first instance; and that from thence an appeal lay 
to a Collogue, next to a Provincial, and last of all to 
a national synod. Mr. Burnet nevertheless over- 
ruled the plea, and the defendants, being fearful of 
a decree, that might expose their own estates to the 
payment of Ron's salary, thought it advisable to drop 
their debates, reinstate the minister, and leave the 
church. 

All those who opposed Rou were disobliged with 
the Governor ; among these Mr. De Lancey was the 
most considerable for his wealth and popular influ- 
ence. He was very rigid in his religious profession, 
one of the first builders, and by fiir the most generous 
benefactor of the French church, and therefore left 
it with the utmost reluctance. Mr. Burnet, before 
this time, had considered him as his enemy, because 
he had opposed the prohibition of the French trade ; 
and this led him into a step, which, as it was a 

principal agents in the political stru^fgles during the administration of colonel 
Cosby. Mr. Smith was a nephew of that William Smith who was one of the grand 
jury committed by the assembly in 1717. He had suffered by tJie memorable 
earthquake of Port Royal, in Jamaica, at the close of tlie last century, but hav- 
ing repaired his losses by a successful conunerce and marriage, removed to 
New -York, and at his instance several branches of Ills family were induced to 
leave Buckinghamshire and become inhabitants of this colony. — The uncle came 
horpjn queen Anne's reign. 



HISTORY OF NEW-YORK. 273 

personal indignity, Mr. De Lancey could never 
recollect without resentment. This gentleman was 
returned for the city of New- York, in the room of 
a deceased member, at the meeting of the assembly 
in September 1725. When he offered himself for 
the oaths, Mr. Burnet asked him how he became a 
subject of the crown ? He answered, that he was 
denized in England, and his excellency dismissed 
him, taking time to consider the matter. Mr. De 
Lancey then laid before the house an act of a notary 
public, certifying that he was named in a patent of 
denization, granted in the reign of James the second 
— a patent of the same kind, under the great seal 
of this province, in 1686 — and two certificates, one 
of his having taken the oath of allegiance, according 
to an act passed here in 1683, and another of his 
serving in several former assemblies. The governor, 
in the mean time, consulted the chief justice, and 
transmitted his opinion* to the house, who resolved 
in favour of Mr. De Lancey. Several other new 
representatives came in, at this session, upon the 
decease of the old members ; and Adolphe Phillipse, 
who was some time before dismissed from the 
council board, was elected into the speaker's chair, 
in the absence of Mr. Livingston. The majority, 
however, continued in the interest of the governor, 
and consented to the revival of the several acts 
which had been passed for prohibiting the French 
trade, which, in spite of all the restraints laid upon 
it, was clandestinely carried on by the people of 

* What colonel Morris's opinion was, I have not hcen able to discover. 
Governor Burnet's conduct was thouf^ht to be unconstitutional, and an invasion 
of the rights of the assembly, who claim the exclusive privilege of determininsr 
the qualifications of their own members, 

VOL. T. —35 



274 HISTORY OF NEW-YORK. 

Albany, Oswego, nevertheless, grew considerable 
for its commerce ; fifty-seven canoes went there this 
summer, and returned with seven hundred and 
thirty-eight packs of beaver and deer skins. 

Nothing could more naturally excite the jealousy 
of the French, than the erection of the new trading 
house at the mouth of the Onondaga river. Fearful 
of losing a profitable trade, which they had almost 
entirely engrossed, and the command of the lake 
Ontario, they launched two vessels in it in 1726, 
and transported materials for building a large store- 
house and repairing the fort at Niagara. The scheme 
was not only to secure to themselves the entrance 
into the west end of the lake, as they already had 
the east, by the fraudulent erection of fort Fronte- 
nac, many years before ; but also to carry their trade 
more westerly, and thus render Oswego useless, by 
shortening the travels of the western Indians, near 
two hundred miles. Baron de Longuiel, who had 
the chief command in Canada, on the death of the 
Marquis de Vaudreuil, in October 1725, was so intent 
upon this project, that he went in person to the 
Onondaga canton, for leave to raise the store-house 
at Niagara : and as those Indians were most of all 
exposed to the intrigues of the Jesuits, who con- 
stantly resided amongst them ; he prevailed upon 
them by fraud and false representations to consent 
to it, for their protection against the English. But 
as soon as this matter was made known to the other 
nations, they declared the permission granted by the 
Onondagas to be absolutely void, and sent deputies 
to Niagara, with a message, signifying that the 
country in which they were at work belonged solely 



HISTORY OF NEW-YORK. 275 

to the ?:5eiiecas, and required them immediately to 
desist. The French, notwithstanding, were regard- 
less of the embassage, and pushed on their enterprise 
with all possible despatch, while Joncaire exerted 
all his address among the Indians to prevent the 
demolition of the works. Canada was very much 
indebted to the incessant intrigues of this man. He 
had been adopted by the Seneca^ and was well 
esteemed by the Onondagas. He spoke the Indian 
language, as Charlevoix informs us, " avec la plus 
sublime eloquence Iroquois," and had lived among 
them, after their manner, from the beginning of 
queen Anne's reign. All these advantages he 
improved for the interest of his country ; he facili- 
tated the missionaries in their progress through the 
cantons, and more than any man, contributed to 
render their dependence upon the English weak 
and precarious. Convinced of this, colonel Schuyler 
urged the Indians, at his treaty with them in 1719, 
to drive Joncaire out of their country, but his 
endeavors were fruitless.* 

The Jesuit Charlevoix does honour to Mr. Burnet 
in declaring that he left no stone unturned to defeat 
the French designs at Niagara; nor is it much to be 
wondered at, for besides supplanting his favourite 
trade at Oswego, it tended to the defection of the 
Five Nations ; and, in case of a rupture, exposed the 
frontiers of our southern colonies to the ravages of 
the French and their allies. Mr. Burnet, upon whom 



* Tbe same thing has since been frequently laboured, but to no purpose. His 
son continued the course of intrigues begun by the father, till general Shirley, 
while he was at Oswego, in 1755, prevailed upon the Senecas to order him to 
Canada. 



276 HISTORY OF NEW-YORK. 

these considerations made the deepest impression 
laid the matter before the house, remonstrated 
against the proceedings to Longuiel in Canada, 
wrote to the ministry in England, who complained 
of them to the French court, and met the confede- 
rates at Albany, endeavouring to convince them of 
the danger they themselves would be in from an 
aspiring, ambitious neighbour; he spoke first about 
the affair privately to the sachems, and afterwards 
in the public conference, informed them of all the 
encroachments which the French had made upon 
their fathers, and the ill usage they had met with, 
according to La Potherie's account, published with 
the privilege of the French king, at Paris, in 1722. 
He then reminded them of the kind treatment they 
had received from the English, who constantly fed 
and clothed them, and never attempted any act of 
hostilities to their prejudice. This speech was 
extremely well drawn, the thoughts being conceived 
in strong figures, particularly expressive and agree- 
able to the Indians. The governor required an 
explicit declaration of their sentiments, concerning 
the French transactions at Niagara, and their 
answer was truly categorical. " We speak now in' 
the name of all the Six Nations, and come to you 
howling. This is the reason why we howl, that the 
governor of Canada encroaches on our land and 
builds thereon." After which they entreated him to 
write to the king for succour. Mr. Burnet embraced 
this favorable opportunity to procure from them a 
deed, surrendering their country to his majesty, to 
be protected for their use, and confirming their 
grant in 1701, concerning which there was only an 



HISTORY OF NEW-YORK. 277 

entry in the books of the secretary for Indian affairs.* 
It happened very unfortunately, that his excellency's 
hands were then more weakened than ever, by the 
growing disaffection in the house. The intrigues of 
his adversaries, and the frequent deaths of the 
members, had introduced such a change in the 
assembly, that it was with difficulty he procured a 
three years' support. The clamours of the people ran 
so high without doors for a new election, that he 
WRS obliged to dissolve the house, and soon after 
another dissohition ensued on the death of the king. 
The French, in the mean time, completed their 
works at Niagara, and Mr. Burnet, who was unable 
to do any thing else, erected a fort in 1727, for the 
protection of the post and trade at Oswego. This 
necessary undertaking was pregnant with the most 
important consequences, not only to this, but all 
our colonies ; and though the governor's seasonable 
activity deserved the highest testimonials of our 
gratitude, I am ashamed to confess, what I am 
bound to relate, that he built the fort at his private 
expense, and that a balance of £56 principal, though 
frequently demanded, remains due to his estate to 
this very day. 

Beauharnois. the governor of Canada, who super- 
seded Longuiel, was so incensed at the building of 

'" Besides the territories at the west end of lake Erie, and on tlie north side of 
that, and the lake Ontario, which were ceded in 1701 ; the Indians now granted 
for the same purpose all their habitations from Oswego to Cayahoga river, which 
disembogues into lake Erie, and the country extending sixty miles from the 
southernmost banks of those lakes. Though the first surrender through negligence 
was not made by the execution of a formal deed under seal, yet, as it was trans- 
acted with all the solemnity of a treaty, and as the second surrender confirms the 
first, no intermediate possession by the French can prejudice the British title 
derived by the cession in 1701. 



278 HISTORY OF NEW- YORK. 

the fort, that he sent a written summons, in July, to 
the officer posted there, to obandon it ; and though 
his predecessor had done the same a little before, 
at Niagara, in the county of the Senecas, the 
acknowledged subjects of the British crown,* yet, 
with a singular effrontery, he despatched De la 
Chassaigne, a man of parts and governor of Trois 
Rivieres, to New- York, with the strongest complaints 
to Mr. Burnet upon that head. His excellency sent 
him a polite but resolute answer, on the 8th of 
August, in which he refuted the arguments urged 
by the French governor-general, and remonstrated 
against the proceedings of the last year at Niagara. 
The new assembly met in September, 1727, and 
consisted of members all ill affected to the governor. 
The long continuance of the last, the clamours which 
were excited by several late important decrees in 
chancery, the affair of the French church, and 
especially the prohibiting the Canada trade, were 
the causes to which the loss of his interest is to 
be ascribed. Mr. Philipse, the speaker, was piqued 
at a decree in chancery against himself, which very 
much affected his estate ; no wonder then that the 

* Thou"-h the sovereignty over the Five Nations was ceded to Great Britain, 
and Charlevoix himself had acknowledged that Niagara was part of their coun- 
try, yet the pious Jesuit applauds the French settlement there, which was so 
manifest an infraction ot the treaty of Utrecht. The marquis De Nonville,in his 
letter to the court of France ,in 168G, proposed the erection of a fort there, to 
secure the communication with the lakes and deprive us of a trade which he 
computed to be worth 400,000 francs per annum. Charlevoix perhaps considered 
these advantages sufBcient to justifj'^ the violation of public faith; reasoning upon 
the principles of Le Chevalier de Callieres, who thought the legality of making 
a conquest of New- York during the strict peace in James the second's reign 
mifht be mferred from the benefit that would thereby accrue to the French 
colony, " que il n'y avoit point d'autre voye pour conserver la colonic, que de 
nous rendre maitres de la NouveJle York ; and que cette conquete etoit legitime 
par la necessitp." 



HISTORY OF NEW-YORK, 279 

members, who were very much influenced by him, 
came on the 25th of November, into the following 
resolutions. Colonel Hicks, from the committee of 
grievances, reported, " that as well by the com- 
plaints of several people, as by the general cry of 
his majesty's subjects inhabiting this colony, they 
find that the court of chancery, as lately assumed to 
be set up here, renders the liberties and properties 
of the said subjects extremely precarious ; and that 
by the violent measures taken in, and allowed by it, ^ 

some have been ruined, others obliged to abandon 
the colony, and many restrained in it, either by 
imprisonment or by excessive bail exacted from 
them not to depart, even when no manner of suits 
are depending against them : and therefore are of 
opinion, that the extraordinary proceedings of that 
court, and the exorbitant fees and charges counte- 
nanced to be exacted by the officers and practitioners 
thereof, are the greatest grievance and oppression 
this colony hath ever felt ; and that for removing 
the fatal consequences thereof, they had come to 
several resolutions, which being read, were approved 
by the house, and are as follow : 

" Resolved^ That the erecting or exercising in 
this colony, a court of equity or chancery (however 
it may be termed) without consent in general 
assembly, is unwarrantable and contrary to the laws 
of England, and a manifest oppression and griev- 
ance to the subjects, and of a pernicious consequence 
to their liberties and properties. 

" Eesolvedf That this house will, at their next 
meeting, prepare and pass an act to declare and 
adjudge all orders, ordinances, devices and pro- 



280 HISTORY OF NEW-YORK. 

ceedings of the court, so assumed to be erected and 
exercised as above-mentioned, to be illegal, null and 
void, as by law and right they ought to be. 

"Resolved. That this house, at the same time, 
will take into consideration whether it be necessary 
to establish a court of equity or chancery in this 
colony, in whom the jurisdiction thereof ought to 
be vested, and how far the powers of it shall be 
prescribed and limited." 

Mr. Burnet no sooner heard of these votes, than 
he called the members before him, and dissolved 
the assembly. They occasioned, however, an ordi- 
nance in the spring following, as well to remedy 
sundry abuses in the practice in chancery, as to 
reduce the fees of that court, which on account of 
the popular clamours, were so much diminished, that 
the wheels of the chancery have ever since rusted 
upon their axis, the practice being contemned by all 
gentlemen of eminence in the profession. 

We are now come to the close of Mr. Burnet's 
administration, when he was appointed to the chief 
command of the Massachusetts Bay. Though we 
never had a governor to whom the colony is so much 
indebted as to him ; yet the influence of a faction, 
in the judgment of some, rendered his removal 
necessary for the public tranquillity Insensible of 
his merit, the undistinguishing multitude were taught 
to consider it as a most fortunate event; and till the 
ambitious designs of the French king, with respect 
to America, awakened our attention to the general 
welfare, Mr. Burnet's administration was as little 
esteemed as that of the meanest of his predecessors. 

He was very fond of New-York, and left it with 



HISTORY OF NEW-YORK. 281 

reluctance. His marriage hero connected him with 
a numerous family, and besides an universal ac- 
quaintance, there were some gentlemen with whom 
lie contracted a strict intimacy and friendship. 

The excessive love of money, a disease common 
to all his predecessors, and to some who succeeded 
him, was a vice from which he was entirely free. 
He sold no offices, nor attempted to raise a fortune 
by indirect means ; for he lived generously, and 
carried scarce any thing away with him but his 
books. These and the conversation of men of letters 
were to him inexhaustible sources of delight. His 
astronomical observations have been useful ; but by 
his comment on the apocalypse, he exposed himself, 
as other learned men have before him, to the 
criticisms of those wiio have not abilities to write 
half so well. 

John Montgomerie, esq. received the great seal 
of this province from Mr. Burnet, on the 15th of 
April, 1728, having a commission to supersede him 
here and in New-Jersey. The council board con- 
sisted of 

Mr. Walters, Mr. Alexander, 

Mr. Van Dam, Mr. Morris, Jun. 

Mr. Barbarie, Mr. Van Horne, 

Mr. Clarke, Mr. Provoost, 

Mr. Harrison, Mr. Livingston, 

Dr. Golden, Mr, Kennedy. 

The governor was a Scotch gentleman, and bred 
a soldier, but in the latter part of his life he had 
little concern with arms, having served as groom of 
the bed-chamber to his present majesty, before his 
accession to the throne. This station, and a seat he 

VOL. T— 36 



282 HISTORY OF jVEW-YORK. 

liad in parliament, paved the way to his preferment 
in America. In his talents for government he was 
much inferior to his predecessor, for he had neither 
strength nor acuteness of parts, and was but little 
acquainted with any kind of literature. 

As in the natural, so in the political world, a 
violent storm is often immediately succeeded by a 
peaceful calm; tired by the mutual struggles of 
party rage, every man now ceased to act under its 
influence. The governor's good humour too extin- 
guished the flames of contention, for being unable 
to plan, he had no particular scheme to pursue ; and 
thus by confining himself to the exercise of the 
common acts of government, our public affairs flowed 
on in a peaceful, uninterrupted stream. 

The reader will, for this reason, find none of 
those events in colonel Montgomerie's short admi- 
nistration, which only take rise under the superin- 
tendency of a man of extensive views. Indeed he 
devoted himself so much to his ease, that he has 
scarce left us any thing to perpetuate the remem- 
brance of his time. 

The two rocks upon which the public tranquil- 
lity was shipwrecked in the late administration he 
carefully avoided ; for he dissolved the assembly, 
called by his predecessor, before they had ever been 
convened : and as to the chancery he himself coun- 
tenanced the clamours against it, by declining to 
sit ; till enjoined to exercise the ofllice of chancellor 
by special orders from England. He then obeyed 
the command, but not without discovering his 
reluctance, and modestly confessing to the practisers, 
that he thought himself unqualified for the station. 



niSTOUY OF NEW-YORK. 283 

Indeed the court of chancery was evidently his 
aversion, and he never gave a single decree in it, 
nor more than three orders ; and these, both as to 
matter and form, were first settled by the council 
concerned. 

Mr. Philipse was chosen speaker of the assembly 
which met on the 23d of July, and continued sitting 
in perfect harmony till autumn. After his excellency 
had procured a five years' support, and several other 
laws to his mind, of less considerable moment, he 
went up to Albany, and, on the 1st of October, held 
a treaty with the Six Nations for a renewal of the 
ancient covenant. He gave them great presents, 
and engaged them in he defence of Oswego. 

Nothing could be more seasonable than this in- 
terview, for the French, who eyed that important 
garrison, and our increasing trade there, with the 
most restless jealousy, prepared early in the spring 
following to demolish the works. Governor Burnet 
gave the first intelligence of this design in a letter 
to Colonel Montgomerie, dated at Boston the 3 1st 
of March, 1729. The garrison was thereupon im- 
mediately reinforced by a detachment from the 
independent companies ; which, together with the 
declared resolution of the Indians to protect the 
fort, induced the French to desist from the intended 



*From that time to the year 1754, tijis garrison was guarded only by a 
lieutenant and five and twenty men. General Shirley's parting from the forces 
destined against fort Du Quesne, and proceeding with half the army to Oswego 
in 1755, was extremely fortunate to our colonies ; tlie French being then deter- 
mined and prepared to possess tlieinselves of that post. Besides the vessels 
launched there to secure the command of the lake, the general before he returned 
to winter quarters, erected two strong square forts with bastions, commandinc 
as well the entrance into the Onondaga river as the old fort, in the situation of 

which little regard was had to any thing besides t!ie pleasantness of Ihr 

prospect. 



284 HISTORY OF NEW-YORK. 

Thus far our Indian afiairs appeared to be under 
a tolerable direction ; but these fair prospects were 
soon obscured by the king's repealing, on the 11th 
of December, 1729, all the acts which Mr. Burnet, 
with so much labour and opposition, procured for 
the prohibition of an execrable trade between 
Albany and Montreal. To whose intrigues this 
event is to be ascribed, cannot be certainly deter- 
mined ; but that it was pregnant with the worst 
consequences, time has sufficiently evinced : nothing 
could more naturally tend to undermine the trade 
at Oswego, to advance the French commerce at 
Niagara, to alienate the Indians from their fidelity 
to Great Britain, and particularly to rivet the defec- 
tion of the Caghnuagas. For these residing on 
the south side of St. Lawrence, nearly opposite to 
Montreal, were employed by the French as their 
carriers, and thus became interested against us, by 
motives of the most prevailing nature. One would 
imagine that after the attention bestowed on this 
affair in the late administration, the objections 
against this trading intercourse with Canada must 
have been obvious to the meanest capacity ; and yet 
so astonishing has been our conduct, that from the 
time Mr. Burnet removed to Boston, it has rather 
been encouraged than restrained. This trade, 
indeed, was subject to duties ; but that at Oswego 
always was, and still is, exposed to the same incum- 
brance ; while the French trade, in the interval 
between the years 1744 and 1750, was perfectly 
free : and as the duty, by the law then made, is 
laid only on goods sold in the city and county of 
Albany, the trader, to elude the act, is only exposed 
to tlie trouble of trnnsportinir his merchandiso 



HISTORY OF NEW-YORK. 285 

beyond the scant district of the city ascertained in 
the charter. But how much soever our inattention 
to this matter may deserve censure, I cannot in 
justice to my countrymen help observing, that from . 
the severest scrutiny \ could make, our people are 
free from the charge of selling ammunition to the 
French, which has so unjustly exposed the inhabi- 
tants of Albany to the odium of all the colonies in 
New-England.* 

The year 1731 was distinguished only by the 
complete settlement of the disputed boundary be- 
tween this province and the colony of Connecticut ; 
an event, considering the late colonizing spirit and 
extensive claims of the people of New-England, of 
no small importance, and concerning which it may 
be proper to give a succinct account. 

The partition line agreed upon in 1664 being 
considered as fraudulent or erroneous, a second 
agreement, suspended only for the king's and the 
duke's approbation, was concluded on the 23d of 
November, 1683, between colonel Dongan and his 
council, and Robert Trent, esq. then governor of 
Connecticut, and several other commissioners ap- 
pointed by that colony. The line of partition then 
agreed to be established, was to begin at the mouth 
of Byram brook, "where it falleth into the Sound at 
a point called Lyon's Point, to go as the said river 
runneth to the place where the common road or 
wading place over the said river is ; and from the 
said road or wading place to go north north-west 
into the country, as far as will be eight English 

* Ever since the year 1729, the sale of arms and ammunition to the FVench 
has been exempt both from duties and a prohibition, which I attribute to the 
'•onfidenco of the govennncnt tliat the caUimny is entirely utouikUcs^. 



286 HISTORY OF NEW-YORK. 

miles from the aforesaid Lyon's Point ; and that a 
line of twelve miles being measured from the said 
Lyon's Point, according to the line or general course 
of the Sound eastward, where the said twelve miles 
endeth, another line shall be run from the Sound 
eight miles into the country north north-west ; and 
also, that a fourth line be run (that is to say from 
the northernmost end of the eight miles line, being 
the third mentioned line,) which fourth line with the 
first mentioned line shall be the bounds where they 
shall fall to run ; and that from the easternmost end 
of the fourth mentioned line (which is to be twelve 
miles in length) a line parallel to Hudson's river, in 
every place twenty miles distant from Hudson's river, 
shall be the bounds there, between the said territo- 
ries or province of New-York, and the said colony 
of Connecticut, so far as Connecticut colony doth 
extend northwards ; that is to the south line of the 
Massachusetts colony : only it is provided, that in 
case the line from Byram brook's mouth, north north- 
west eight miles, and the line that is then to run 
twelve miles to the end of the third fore-mentioned 
line of eight miles, do diminish or take away land 
within twenty miles of Hudson's river, that then so 
much as is in land diminished of twenty miles of 
Hudson's river thereby, shall be added out of 
Connecticut bounds unto the line afore-mentioned, 
parallel to Hudson's river and twenty miles distant 
from it ; the addition to be made the whole length 
of the said parallel line, and in such breadth as will 
make up quantity for quantity what shall be diminish- 
ed as aforesaid." 
Pursuant to this agreement, some of the lines were 



HISTORY OF NEW-YORK. 287 

actually run out, and a report made of the survey, 
which, on the 24th of February, 1684, was confirmed 
by the governor of each colony at Milford in Con- 
necticut. Here the matter rested till a dispute arose 
concerning the right of jurisdiction over the towns 
of Rye and Bedford, which occasioned a solicitation 
at home; and on the 2.Sth of March, 17('0, king 
William was pleased to confirm the agreement 
made in 1683. 

Nineteen years afterwards, a probationary act 
was passed, empowering the governor to appoint 
commissioners as well to run the line parallel to 
Hudson's river as to re-survey the other lines and 
distinguish the boundary. The Connecticut agent 
opposed the king's confirmation of this act totis 
viribus, but it was approved on the 23d of January, 
1723. Two years after the commissioners and sur- 
veyors of both colonies met at Greenwich, and enter- 
ed first into an agreement relating to the method of 
performing the work. 

The survey was immediately after executed in 
part, the report being dated on the 12th of May, 
1725 ; but the complete settlement was not made 
till the 14th of May, 1731, when indentures certify- 
ing the execution of the agreement in 1725, were 
mutually signed by the commissioners and surveyors 
of both colonies. Upon the establishment of this 
partition, a tract of land lying on the Connecticut 
side consisting of above sixty thousand acres, from 
its figure called the Oblong was ceded to New-York, 
as an equivalent for lands near the Sound surren- 
dered to Connecticut.* 

* See Douglas's late plan of the British dominioni5 of New-England. 



^88 HISTORY OF NEW-YORK. 

The very day after the surrender made by that 
colony, a patent passed in London to sir Joseph 
Eyles and others, intended to convey the whole 
Oblong. A grant posterior to the other was also 
regularly made here to Hauley and Company of the 
greatest part of the same tract, which the British 
patentees brought a bill in chancery to repeal ; but 
the defendants filed an answer, containing so many 
objections against the English patent, that the suit 
remains still unprosecuted, and the American pro- 
prietors have ever since held the possession. Mr. 
Harison of the council, solicited this controversy for 
sir Joseph Eyles and his partners, which contributed 
in a great degree to the troubles so remarkable in a 
succeeding administration. 

Governor Montgomerie died on the 1st of July, 
1731; and being a man of a kind and humane dis- 
position, his death was not a little lamented. The 
chief command then devolved upon Rip Van Dam, 
esq. he being the oldest counsellor, and an eminent 
merchant of a fair estate, though distinguished more 
for the integrity of his heart than his capacity to hold 
the reins of government : he took the oaths before 

Mr. Alexander, Mr De Lancy,* and 

Mr. Van Horne, Mr. Courtlandt. 

Mr Kennedy, 

This administration is unfortunately signalized by 
the memorable encroachment at Crown Point. An 
enemy despised at first for his weakness generally 
grows formidable for his activity and craft ; this ob- 

* This gentleman being a youth of fine parts, was called up to the council 
board on the 26th of January, 1729, just after his return from the university. 
Mr. Morris, jun. was suspended on the same day, for words dropped in a dispute 
relating 1o the srovernor's drniio-hls upon the revenue. 



HISTORY OF NEW- YORK. 289 

servation is true, applied to private persons, religious 
sects, or public states. The French in Canada 
have always been jealous of the increasing strength 
of our colonies ; and a motive of fear led them natu- 
rally to concert a regular system of conduct for their 
defence : confining us to scant lijnits along the sea- 
coast is the grand object they have long had in view; 
and seizing the important passes from Canada to 
Louisiana, seducing our Indian allies, engrossing 
the trade, and fortifying the routes inr.o their country, 
were all propter expedi(uits towards the execution of 
their plan. By erecting fort St. Frederick, they 
secured the absolute command of lake Champlain, 
through which we must pass if ever a descent be 
made upon Canada, either to conquer the country, 
or harass its out settlements. The garrison was 
at first situated on the east side of the lake, near the 
south end ; but was afterwards built upon a commo- 
dious point on the opposite side : of all their infrac- 
tions of the treaty of Utrecht none w'as more palpable 
than this. The country belonged to the Six Nations, 
and the very spot upon which the fort stands is 
included within a patent to Dellius, the Dutch min- 
ister of Albany, granted under the great seal of this 
province in 1(J96; besides, nothing could be more 
evident than the danger to which it exposed us. 
Through this lake the French parties made their 
ancient bloody incursions upon Schenectady, the 
M )hawks' castles, and Deorfield ; and the erection 
of this fort was apparently adapted to facilitate the 
inroads of the enemy upon the frontiers of the colo- 
nies of New- York, Massachusetts Bay, and New- 
Hampshire ; for it served not only as an asylum to 

VOT,. T. — 37 



290 HISTORY OF i\EW-YORK. 

fly to after the perpetration of their inhumanities, but 
for a magazine of provisions and ammunition; and 
though it was much above one hundred and twenty 
miles from the very city of Albany, yet by the con- 
veyance through Sorel river and the lake, it may be 
reinforced from Montreal in three or four days. 

The Massachusetts government foresaw the dan- 
gerous consequences of the French fort at Crown 
Point, and governor Belcher gave us the first infor- 
mation of it in a letter from Boston to Mr. Van Dam. 
He informed him of the vote of the general court to 
bear their proportion of the charge of an embassage 
to Canada to forbid the works, and pressed him to 
engage the opposition of the Six Nations. Van 
Dam laid the letter before his council on the 4th of 
Februa/y, 17-32, who with singular calmness advised 
him to write to the commissioners of Indian affairs at 
Albany, ordering them to inquire whether the land 
belonged to the confederates or the River Indians. 
That Mr. Van Dam ever wrote to the commissioners 
I have not been able to discover ; nor whether any 
complaint of the encroachment was sent home, 
according to the second advice of council on the 
11th of February, who, besides the first step, were 
now pleased to recommend his transmitting governor 
Belcher's letter and the Boston vote to the several 
south western colonies. 

The passiveness we discovered on this impudent 
and dangerous invasion of his majesty's rights, is 
truly astonishing ; and the more so, as the crown 
had at that time four independent companies, which 
had long been posted here for our protection, at the 
annual expense of about 7500 pounds sterling. A 



HISTORY OF NEW-YORK. 291 

very good scheme, in some measure to repair this 
shameful misconduct, was afterwards projected by 
settling the lands near lake George with loyal 
protestant highlanders from Scotland. Captain 
Laughlin Campbel, encouraged by a proclamation 
to that purpose, came over in 1737, and ample 
promises were made to him. He went upon the land, 
viewed and approved it, and was entreated to settle 
there even by the Indians, who were taken with 
his highland dress. Mr. Clarke, the lieutenant- 
governor, promised him, in a printed advertisement, 
the grant of 30,000 acres of land, free from all but 
the charges of the survey and the king's quit rent. 
Confiding on the faith of the government, captain 
Campbel went home to Isla, sold his estate, and 
shortly after transported, at his own expense, 
eighty-three protestant families, consisting of four 
hundred and twenty-three adults, besides a great 
number of children. Private faith and public honour 
loudly demanded the fair execution of a project 
so expensive to the undertaker and beneficial to 
the colony ; but it unfortunately dropped, through 
the sordid views of some persons in power, who 
aimed at a share in the intended grant, to which 
Campbel, who was a man of spirit, would not 
consent. 

Captain Campbel afterwards made an attempt to 
redress himself, by an application to the assembly 
here, and then to the board of trade in England. 
The first proved abortive, and such were the diffi- 
culties attending the last, that he left his colonists 
to themselves, and, witli the poor remains of his 
broken fortune, purchased a small farm in thi? 



292 HISTORY OF NEW-YORK. 

province. No man was better qualified than he for 
the business he had engaged in. He had a high 
sense of honour and a good understanding ; was 
active, loyal, and of a military disposition: for, upon 
the news of the late rebellion in Scotland, he went 
home, fought under the duke, returned to his family, 
and soon after died, leaving a widow and several 
children, who still feel the consequences of his 
disappointments. 

Mr. Van Dam finished his administration on the 
1st of August, 1732, when William Cosby, esq. 
arrived with a commission to govern this and the 
province of New-Jersey. The history of our public 
transactions, from this period to the present time, is 
full of important and entertaining events, which I 
leave others to relate. A very near relation to the au- 
thor had so great a concern in the public controversies 
with colonel Cosby, that the history of those times 
will be better received from a more disinterested 
pen. To suppress truth on the one hand, or exag- 
gerate it on the other, are both inexcusable faults, 
and perhaps it would be difficult for me to avoid 
those extremes. Besides, a writer who exposes the 
conduct of the living, will inevitably meet with 
their fury and resentment. The prudent historian of 
his own times will always be a coward, and never 
give fire till death protects him from the malice and 
stroke of his enemy. 



il 



APPENDIX. 






I 



APPENDIX. 



THE HISTORY OF NEW- YORK. 



CHAPTER I. 



A GEOGRAPHICAL DESCRIPTION OF THE COUNTRY. 

The province of New- York, at present, contains, Long 
Island, Staten Island, and the lands on the east side of Hud- 
son's river, to the bounds of Connecticut. From the division 
line between that colony and the Massachusetts Bay, north- 
ward, to the line between us and the French, we claim an 
extent to Connecticut river.* On the west side of Hudson's 

* The grounds of this claim are contained in the following report of a com- 
mittee of council, to governor Clinton, on the 2d of March, 1753, which was 
drawn up by Mr. Alexander. 

"JMhi/ it please your E.vcellenry, 

" In obedience to your excellency's order in council, of the 3d day of July 
last, referring to a committee thereof, the petitions of Robert Livingston, jun. 
esq. and of the owners of a certain tract of land called Westenliook, com- 
plainmg of new claims and encroachments made upon their lands by the inha- 
bitants of Massachusetts Bay, and also the surveyor-general's and the attorne}'- 
gcneral's reports on the said two petitions : the committee having maturely 
weighed and considered of the same, humbly beg leave to report to your 
excellency : 

" 1st. That they apprehend the claims of Massachusetts Bay to the manor 
of Livingston, or the said tract of land called Westenhook, cannot be well 
founded; because they find that the Dutch claimed the colony of New 
Nctherland, as extending from Cape Cod to Cape Cornelius, now called Cape 
Henlopcn, westward of Delaware Bay, along the sea-coast, and as far back into 
the country as any of the rivers within those limits extend ; and that thev were 



296 APPENDIX. 

iiver, from the sea, to tlie latitude of 4P lies New-Jerse} , 
The line of partition between that province and this, from 
that latitude to the other station on the Delaware, is unset- 

actually possessed of Connecticut river, long before any other European people 
knew any thing of the existence of such a river, and were not only possessed 
of the mouth of it, where they had a fort and garrison, but discovered the river 
above a hundred miles up, had their people trading there, and purchased of the 
natives almost all the lands on both sides of the said river. 

"2diy That governor Stuy vesant, the Dutch governor of the said province, by 
his letter dated the 2d of September, 1664, new stile, in ans'ver to a letter from 
governor Richard INicholls, of the 2(l-30th August preceding, demanding the 
surrender of all the forts and places of strength possessed by the Dutch, under 
his (governor Stuyvesanfs) command, writes as follows : — ' Moreover it's with- 
out dispute, and acknowledged by all the world, tlr^t our predecessors, by virtue 
of the commission and patent of the said lords, the States General, have with- 
out cnntroul, and peaceably (the contrary never coming to our knowledge) 
enjoyed Fort Orange about forty-eight or fifty years, and Manhatans about 
forty-one or forty-two years ; the South river forty years, and the Fresh river 
about thirty six years.' Which last mentioned river, the committee find to be 
the same that is now called Connecticut river. 

" 3dly. That the said Dutch governor Stuyvesant did, in the year 1664, surren- 
der all the country which the Dutch did then possess to king Charles the second, 
and that the States General made a cession thereof, by the treaty of Breda, in 
the year 1667: that the Dutch reconquered part of this province in 1673, and 
surrendered and absolutely yielded it to king Charles the second, in 1673-4, by 
the treaty of London ; and that in the year 1674, king Charles granted to the 
duke of York all the land between Connecticut river and Delaware Bay ; the 
whole of these lands being part of the former colony of New Netherland. 

" 4th. That the duke of York, in his several commissions to major Edmund 
Andross, on the 1st of July, 1674, and to governor Dongan on the 30th of Sep- 
tember, 1682, among other descriptions of the boundaries of this province, 
mentions all the land from the west side of Connecticut river to the east side of 
Delaware Bay : that their majesties, king William and queen Mary, by their 
commission, bearing date the 4th day of January, in the first year of their maje.s- 
ties' reign, appointed Henry Sloughter to be governonof the province of New- 
York and territories depending thcr(!on; the boundaries whereof to Connecticut 
river, on the east, were notorious by tlie grant and other commissions aforesaid, 
and many other grants and commissions relating to the same. 

" 5th. That the committee apprehend Connecticu* river continued the east 
bounds of this province until the 28th of March, 1700, when, by king William's 
confirmation of an agreement between this province and (Connecticut, the 
western bounds of that colony were settled at twenty miles from Hudson's river; 
and they cannot find any other alteration in the eastern bounds of this province, 
and have no reason to believe any other was made before or since that time. 

"6th. That king James the first, by letters patent, bearing date the 3d of 
November, in the eighteenth year of his reign, granted unto the council of Ply- 
mouth, from forty to forty-eight degrees of north latitude inclusive, in which 



APPENDIX. 297 

tied. From thence, wheresoever it may be fixed, we claim 
all the lands, on the east side of Delaware, to the north 
line of Pennsylvania ; and all the territory, on both sides of 
the Mohawks' river, and westward to the isthmus at Niagara : 
in a word, all the country belonging to the crown of Great 

there is a recital to this purpose: — 'Now for as much aa the king has been certainly 
given to understand, by divers good subjects, that have for these many years 
frequented those coasts and territories, between the degrees of 40° and 48*^, thai 
there are no other subjects of any christian king or state, or by any authority from 
their sovereigns, lords, or princes, actually in possession of any the said lands or 
precincts, whereby any right, claim, interest, or title, may or ought, by that 
means, to accrue or belong to them,' &c. And also a proviso in these words : — 
' Provided always, that the said lands, islands, or any of the premises, by the 
said letters patent intended or meant to be granted, were not then actually pos- 
sessed or inhabited by any other christian power or state.' Which patent the 
committee conceive could not vest any tiling in the grantees, by reason of the 
said recital and condition upon which it was granted ; part of the premises being 
then actually possessed by the Dutch, and most of the said colony of New 
Netherland being witliin the bounds thereof. 

" 7th. That the council of Plymouth, by their deed dated the 19th of March, 
in the third year of king Charles the first, granted to Sir Henry Rosswell and 
others, part of what was supposed to be granted by tjie said letters patent, which 
grant from the said council of PljTnouth the committee take to be void, as founded 
upon the said void patent. 

" 8th. That he, the said Sir Henry Rosswell, and others, obtained a grant 
and confirmation thereof from the crown, under the great seal of England, 
dated the 4th of March, in the fourth year of king Charles the first, within 
which grant and confirmation the province of Massachusetts Bay is included, 
which grant and confirmation was adjudged void in the high court of chancery 
of England, in the year 1684. And the committee are of opinion, that nothing 
to the westward of Connecticut river could pass by that grant and confirmation; 
for that his majesty could not have had an intention to grant the same, it being 
then possessed by the Dutch as before mentioned. 

" 9th. That the committe conceive the inhabitants of Massachusetts Bay 
can claim nothing at present, but what is granted them by their last charter in 
1691 ; all their other grants and charters bemg either void of themselves, or 
declared so in the chancery of England. 

" 10th. That the bounds granted by this charter are westward as far as the 
colonies of Rhode Island, Connecticut, and the Narraganset country : which 
words being in the case of a grant from the crown, the committee conceive can- 
not extend their bounds farther than to Connecticut colony, and therefore 
not to Connecticut River, and much less to the westward of it ; because 
Connecticut itself at the time of tjiat charter did not, in the knowledge 
of the crown, extend westward of that river ; nor did till nine years after, 
when, by the royal approbation, the agreement between this province and 
that colony taking place, Cwhich was not to be in force till such appro- 

VOL. 1,-38 



289 APPENDIX. 

Britain, not already granted ; for we are to consider New- 
York among her sister colonies, to borrow a law phrase, as 
a residuary legatee. 

Hence we have, from the beginning, been exposed to con- 
troversies about limits. The New-Jersey claim includes 

bation) the bounds of that colony were settled as is before mentioned : and 
the committee conceive it to be against reason to suppose that the crown 
intended, by the said charter, to grant any part of the province of New-York, 
under the then immediate government of the crown, without express mention 
thereof in the charter, and without notification thereof to Henry Sloughter, 
then governor of this province, that the crown had granted such a part of what 
was before within his jurisdiction by their majesties' commission aforesaid to him. 

" 11th. That both the patents under which the petitioners claim, the com- 
mittee find were granted under the great seal of this province ; that of the ma- 
nor of Livingston in 1686, and that of Westenhook in 1735. And that the lands 
contained in the said grants are, the committee apprehend, within the jurisdic- 
tion of this province, they being both west of Connecticut river. 

" 12lh. That the committee are of opinion, the attempts of the inhabitants 
of Massachusetts Bay, to make encroachments upon any lands granted by let- 
ters patent under the great seal of New- York, or upon any lands within the 
jurisdiction of this province, are disrespectful to his majesty's authority, tend to 
the disturbance of the subjects of this province, and may be the cause of great 
mischiefs and disorders. 

" 13th. That the steps taken by the said inhabitants, even were the bounds 
of this province doubtful and unsettled, are intrusions, and disrespectful to his 
majesty's authority. 

" And lastly. The committee are of opinion, that a copy of so much of this 
report as shall be approved of by your excellency and the council, be transmitted 
to the lieutenant-governor of the province of Massachusetts Bay, requesting 
that he would take effectual measures that all encroachments and disturbances, 
by the people of that colony, on his majesty's subjects of this province, be stayed ; 
and that he would lay this matter before the next general court, that they may 
inform your excellency by what warrant they claim or exercise any right to soil 
or jurisdiction westward of Connecticut river ; that the same may be considered, 
and such steps taken towards removing all causes of encroachments, or distur- 
bances, for the future, as may be agreeable to equity and justice, to the end that 
good understanding may be preserved, which ought to subsist between fellow 
subjects and neighbouring provinces. 

" All which is nevertheless humbly submitted, 
" by order of the committee, 

"JAMES DE LANCEY, Chairman." 

The government of the Massachusetts Bay never exhibited tlie reasons of 
their claim, in answer to this report, but continued their encroachments : and in 
the spring, 1755, surveyed and sold lands lying several miles west of the eastern 
extent of the manor of Livingston and the patent of Claverack. 



APPENDIX. 299 

several hundred thousand acres, and has not a httle impeded 
the settlement of the colony. The dispute with the Massa- 
chusetts Bay is still more important, and, for several years 
past, occasioned very considerable commotions. The New- 
Hampshire pretensions have, as yet, exposed us to no great 
trouble. But when all those claims are settled, a new con- 
troversy will probably commence with the proprietaries of 
Pennsylvania. 

This province was, in 1691, divided by an act of assembly, 
into twelve counties, which I shall describe in their order. 

THE CITY AND COUNTY OF NEW-YORK. 

The city of New-York at first included only the island 
called by the Indians Manhatans ; Manning's Island, the 
two Barn Islands and the three Oyster Islands were in the 
county; but the limits of the city have since been augmented 
by charter. The island is very narrow, not a mile wide at a 
medium, and about fourteen miles in length. The south- 
west point projects into a fine spacious bay, nine miles long, 
and about four in breadth ; at the confluence of the waters 
of Hudson's river and the strait between Long-Island and 
the northern shore. The Narrows, at the south end of the 
bay, is scarce two miles wide, and opens the ocean to full 
view. The passage up to New-York from Sandy Hook, a 
point that extends farthest into the sea, is safe, and not 
above five and twenty miles in length. The common navi- 
gation is between the east and west banks, in two or three 
and twenty feet water. But it is said that an eighty gun 
ship may be brought up, through a narrow, winding, unfre- 
quented channel, between the north end of the east bank 
and Coney Island. 

The city has, in reality, no natural basin or harbour- 
The ships lie off in the road, on the east side of the town, 
which is docked out, and better built than the west side, 
because the freshets in Hudson's river fill it in some winters 
with ice. 

The city of New-York, as I hove elsewhere had occasion 



300 APPENDIX. 

1,0 mention, '" consists of about two thousand five hundred 
buildings. It is a mile in length, and not above half that 
in breadth. Such is its figure, its centre of business, and 
the situation of the houses, that the mean cartage, from one 
part to another, does not exceed above one quarter of a mile, 
than which nothing can be more advantageous to a trading 
city." 

It is thought to be as healthy a spot as any in the world. 
The east and south parts, in general, are low, but the rest 
is situated on a dry, elevated, soil. The streets are irregu- 
lar, but being paved with round pebbles are clean, and lined 
Avith well built brick houses, many of which are covered 
with tiled roofs. 

No part of America is supplied with markets abounding 
with greater plenty and variety. We have beef, pork, mut- 
ton, poultry, butter, wild fowl, venison, fish, roots, and herbs, 
of all kinds, in their seasons. Our oysters are a considerable 
article in the support of the poor. Their beds are within 
view of the town ; a fleet of two hundred small craft are 
often seen there, at a time, when the weather is mild in 
winter ; and this single article is computed to be worth an- 
nually 10 or iri2,000. 

This city is the metropolis and grand mart of the province, 
and, by its commodious situation, commands also all the 
trade of the western part of Connecticut and that of east 
Jersey. " No season prevents our ships from launching out 
into the ocean. During the greatest severity of winter, an 
equal, unrestrained activity, runs through all ranks, orders, 
and employments." 

Upon the south-west point of the city stands the fort, which 
is a square with four bastions. Within the walls is the house 
in which our governors usually reside ; and opposite to it 
brick barracks, built formerly for the independent companies. 
The governor's house is in height three stories, and fronts 
to the west ; having, from the second story, a fine prospect 
of the bay and the Jersey shore. At the south end there 
was formerly a chapel, but this was burnt down in the negro 



APPENDIX, 30f 

conspiracy of the spring, 1741. According to governor 
Burnet's observations, this fort stands in the latitude of 40° 
42' north. 

Below the walls of the garrison, near the water, we have 
lately raised a line of fortifications, which commands the 
entrance into the eastern road and the mouth of Hudson's 
river. This battery is built of stone, and the merlons con- 
sist of cedar joists, filled in with earth. It mounts ninety- 
two cannon, and these are all the works we have to defend 
us. About six furlongs south-east of the fort, lies Notten 
Island, containing about one hundred or one hundred and 
twenty acres, reserved by an act of assembly as a sort of 
demesne for the governors, upon which it is proposed to erect 
a strong castle, because an enemy might from thence easily 
bombard the city, without being annoyed either by our bat- 
tery or the fort. During the late war, a line of palisadoes 
was run from Hudson's to the East river, at the other end 
of the city, with block-houses at small distances. The 
greater part of these still remain as a monument of our folly, 
which cost the province about jC8,000. 

The inhabitants of New-York are a mixed people, but 
mostly descended from the original Dutch planters. There 
are still two churches in which religious worship is performed 
in that language. The old building is of stone and ill built, 
ornamented within by a small organ loft and brass branches. 
The new church is a high, heavy edifice, has a very exten- 
sive area, and was completed in 1729. It has no galleries, 
and yet will perhaps contain a thousand or twelve hundred 
auditors. The steeple of this church affords a most beautiful 
prospect, both of the city beneath and the surrounding 
country. The Dutch congregation is more numerous than 
any other, but as the language becomes disused, it is much 
diminished ; and unless they change their worship into the 
English tongue, must soon suffer a total dissipation. They 
have at present two ministers — the Reverend Messieurs 
Ritzma and De Ronde, who are both strict Calvinists. 
Their church was incorporated on the 11th of May, 1696, 



QQ2 



APPENDIX. 



by the name of The Minister, Elders, and Deacons, of the 
Reformed Protestant Dutch Church of the City of JSTew- York, 
and its estate, after the expiration of sundry long leases, 
will be worth a very great income.* 

All the Low Dutch congregations, in this and the province 
of New Jersey, worship after the manner of the reformed 
churches in the United Provinces. With respect to govern- 
ment, they are in principle presbyterians ; but yet hold 
themselves in subordination to the Classis of Amsterdam, 
who sometimes permit and at other times refuse them the 
powers of ordination. Some of their ministers consider such 
a subjection as anti-constitutional, and hence, in several of 
their late annual conventions at New- York, called the Coetus, 
some debates have arisen amongst them ; the majority being 
inclined to erect a Classis, or ecclesiastical judicatory, here 
for the government of their churches. Those of their minis- 
ters who are natives of Europe, are, in general, averse to 
the project. The expense attending the ordination of their 
candidates in Holland, and the reference of their disputes 
to the Classis of Amsterdam, is very considerable ; and with 
what consequences the interruption of their correspondence 
with the European Dutch would be attended, in case of a 
war, well deserves their consideration. 

There are, besides the Dutch, two episcopal churches in 
this city, upon the plan of the established church in South 
Britain. Trinity church was built in 1696, and afterwards 
enlarged in 1 737. It stands very pleasantly upon the banks 
of Hudson's river, and has a large cemetery on each side, 
inclosed in the front by a painted paled fence. Before it a 
long walk is railed off from the Broadway, the pleasantest 
street of any in the whole town. This building is about 
one hundred and forty-eight feet long, including the tower 
and chancel, and seventy-two feet in breadth. The steeple 
is one hundred and seventy-five feet in height, and over the 
door facing the river is the following inscription : — 

* Their charter was confirmed by a late act of assembly ratified by his ma- 
jesty, which recitcB the Vlllth article of the surrender in 1664. 



APPENDIX. 303 

PER JIKGUSTAM. 

"Hoc Trinitatis Templum fundatum est Anno Regni 
illustrissimi, supremi, Domini Gulielmi tertii, Dei Gratia, 
Angliee, Scotiae, Franciae et Hiberniaj Regis, Fidei Defenso- 
ris, &c. Octavo, Annoq ; Domini 1696. 

" Ac voluntaria quoiundam Contributione ac Donis ^di- 
ficatmn, maxime autem, dilecti Regis Chiliarchaj Benjamini 
Fletcher, hujus Provinciae strataeci et Imperatoris, Mmiifi- 
centia animatmii et auctum, cujus tempore moderaminie, 
hujus Civitatis incolae, Religionem protestantem Ecclesife 
Anglicanae, ut secundum Legem nunc stabilitse profitentes, 
quodam Diplomate, sub Sigillo Provinciae incorporati sunt, 
atque alias Plurimas, ex Re sua familiari, Donationes nota*- 
biles eidem dedit." 

The church is, within, ornamented beyond any other place 
of public worship amongst us. The head of the chancel is 
adorned with an altar-piece, and opposite to it, at the other 
end of the building, is the organ. The tops of the pillars, 
which support the galleries, are decked with the gilt busts 
of angels winged. From the ceiling are suspended two 
glass branches, and on the walls hang the arms of some of 
its principal benefactors. The allies are paved with flat 
stones. 

The present rector of this church is the Rev. Mr. Henry 
Barclay, formerly a missionary among the Mohawks, who 
receives a jCIOO a year, levied upon all the other clergy and 
laity in the city, by virtue of an act of assembly procured by 
governor Fletcher. He is assisted by Dr. Johnson and Mr. 
Auchmuty. 

This congregation, partly by the arrival of strangers from 
Europe, but principally by proselytes from the Dutch church- 
es, is become so numerous, that though the old building will 
contain two thousand hearers, yet a new one was erected in 
1752. This, called St. George's chapel,* is a very neat 
edifice, faced with hewn stone and tiled. The steeple if? 

* The length, exclusive of the chancel, 92 feet, and ita breadth 20 feet less 



304 APPENDIX. 

lofty* but irregular ; and its situation in a new, crowded, 
and ill-built part of the town. 

The rector, churchwardens, and vestrymen of Trinity 
church are incorporated by an act of assembly, which 
grants the two last the advowson or right of presentation ; 
but enacts, that the rector shall be instituted and inducted 
in a manner most agreeable to the king's instructions to the 
governor, and the canonical right of the bishop of London. 
Their worship is conducted after the mode of the church of 
England; and, with respect to government, they are empow- 
ered to make rules and orders for themselves, being, if I may 
use the expression, an independent, ecclesiastical corporation. 

The revenue of this church is restricted, by an act of 
assembly, to c£500 per annum ; but it is possessed of a real 
estate, at the north end of the town, which having been 
lately divided into lots and let to farm, will, in a few years, 
produce a much greater income. 

The presbyterians increasing after lord Cornbury's return 
to England, called Mr. Anderson, a Scotch minister, to the 
pastoral charge of their congregation ; and Dr. John Nicol, 
Patrick M'Night, Gilbert Livingston, and Thomas Smith 
purchased apiece of grovmdand founded a church, in 1719. 
Two years afterwards they petitioned colonel Schuyler, who 
had then the chief command, for a charter of incorporation 
to secure their estate for religious worship, upon the plan of 
the church in North-Britain ; but were disappointed in their 
expectations, through the opposition of the episcopal party. 
They shortly after renewed their request to governor Burnet, 
who referred the petition to his council. The episcopalians 
again violently opposed the grant, and the governor, in 1 724, 
wrote upon the subject to the lords of trade for their direction. 
Counsellor West, who was then consulted, gave his opinion 
in these words : " Upon consideration of the several acts of 
imiformity, that have, passed in Great Britain, I am of 
opinion that they do not extend to New- York, and conse- 

* One hundred and seventy-five feet. 



APPF.XDIN. 305 

qiiently an acl of toleration is of no use in tiiat province ; 
and therefore, as there is no provincial act for uniformity, 
according to the church of Enghmd, I am of opinion, that, by 
law, such patent of incorporation may be granted, as by the 
petition is desired. Richard West, 20th August, 1724." 

After several years solicitation for a charter in vain, and 
fearful that those who obstructed such a reasonable request 
would watch an opportunity to give them a more effectual 
wound ; those among the presbyterians, who were invested 
with the fee simple of the church and ground, " conveyed 
it, on the 16th of March, 1730, to the moderator of the 
general assembly of the church of Scotland, and the 
Commission thereof, the moderator of the presbytery of 
Edinburgh, the principal of the college of Edinburgh, 
the professor of divinity therein, and the procurator and 
agent of the church of Scotland, for the time being, and 
their successors in office, as a committee of the general 
assembly. On the 15th of August, 1732, the church of 
Scotland, by an instrument under the seal of the general 
assembly," and signed by Mr, Niel Campbell, principal of 
the university of Glasgow, and moderator of the general 
assembly and commission thereof ; Mr. James Nesbit, one of 
the ministers of the gospel at Edinburgh, moderator of the 
presbytery of Edinburgh ; Mr. William Hamilton, principal 
of the university of Edinbiu'gh ; Mr. James Smith, professor 
of divinity therein ; and Mr. William Grant, advocate procu- 
rator for the churcl»of Scotland for the time being ; pursuant 
to an act of the general assembly, dated the 8th of May, 
1731, did declare, "That, notwithstanding the aforesaid right 
made to them and their successors in office, they were desirous 
that the aforesaid building and edifice and appurtenances 
thereof, be preserved for the pious and religious purposes for 
which the same were designed ; and that it should be free 
and lawful to the presbyterians then residing, or that should 
at any time thereafter be resident in, or near, the aforesaid 
city of New-York, in America, or others joining with them 
to convene, in the foresaid chnrrb, for tlie worship of God 

VOL. T.--39 



;)0G APPENDIX. 

in all the parts thereof, and for the dispensation of all gospel 
ordinances ; and generally to use and occupy the said church 
and its appurtenances, fully and freely in all times coming, 
they supporting and maintaining the edifice and appurte- 
nances at their own charge." 

Mr. Anderson was succeeded in April, 1 727, by the Rev. 
Mr. Ebenezer Pemberton, a man of polite breeding, pure 
morals, and warm devotion ; under whose incessant labours 
the congregation greatly increased, and was enabled to erect 
the present edifice in 1748. It is built of stone, railed off 
from the street, is eighty feet long, and in breadth sixty. 
The steeple, raised on the south-west end, is in height one 
hundred and forty-five feet. In the front to the street, be- 
tween two long windows, is the following inscription, gilt 
and cut in a black slate six feet in length : — 
Auspicanto Deo 
Hanc Mdem 
Cultui divino sacram in perpetuum celebrando, 
A. D. MDCCXIX. 
Primo fimdatam ; 
DenuG penitus reparatam et ampliorem et ornatiorem, 
AD. MDCCXLVIII 
Constructam, 
Neo-Eborancenses Presbyteriani 
In suum et suorum Usum 
Condentes, 
In hac votiva TabulS.* 

DDDQ. 

* * * 

Concordia, Amore 

Necnon Fidei Cultus et Morum 

Puritate 

Suffulta, clariusq ; ex:ornata, 

Annuente Christo, 
Longum perduret in Mvum. 

Mr. Alexander Cumming, a young gentleman of learning 
and singular penetration, was chosen colleague to Mr. Pern- 



APPENDIX. 30/ 

beiioii, in 1750; but both were dismissed, at their request, 
about three years afterwards ; the former, through indisposi- 
tion, and the latter, on account of trifling contentions kindled 
by the bigotry and ignorance of the lower sort of people. 
These debates continued until they were closed, in April, 
1756, by a decision of the synod, to which almost all our 
presbyterian churches, in this and the southern provinces, are 
subject. The congregation consists at present of twelve or 
fourteen hundred souls, under the pastoral charge of the 
Rev. Mr. David Bostwick, who was lately translated from 
Jamaica to New-York by a synodical decree. He is a 
gentleman of a mild, catholic disposition ; and being a man 
of piety, prudence, and zeal, confines himself entirely to the 
proper business of his function. In the art of preaching 
he is one of the most distinguished clergymen in these parts. 
His discourses are methodical, sound, and pathetic ; in sen- 
timent, and in point of diction, singularly ornamented. He 
delivers himself without notes, and yet with great ease and 
fluency of expression ; and performs every part of divine 
worship with a striking solemnity. 

The French church, by the contentions in 1724, and the 
disuse of the language, is now reduced to an inconsiderable 
handful. The building which is of stone nearly a square,* 
plain both within and without. It is fenced from the streel, 
has a steeple and a bell, the latter of which was the gift of 
Sir Henry Asshurst of London. On the front of the church 
is the following inscription : — 

^DES SACRA 

GALLOR. PROT. 

REFORM. 

FVNDA. 1704. 
PENITVS 

REPAR. 1741. 

The present minister, Mr. Carle, is a native of France, 
and succeeded Mr. Rou in 1 754. He bears an irreproachaltle 

"•■ The area is scvoilv f?'Pt Ions', and in breadth fiffv, 



iJO« APPENDIX. 

character, is very intent upon his studies, preaches moderate 
Calvinism, and speaks witii propriety, both of pronunciation 
and gesture. 

The German Lutheran churches are two. Both their 
places of vk^orship are small: one of them has a cupola and bell. 

The quakers have a meeting-house, and the Moravians, 
a new sect amongst us, a church, consisting principally ' 'f 
female proselytes from other societies. Their service is in 
the English tongue. 

The anabaptists assemble at a small meeting-house, but 
liave as yet no regular settled congregation. The jews, who 
are not inconsiderable for their numbers, worship in a syna- 
gogue erected in a very private part of the town, plain with- 
out, but very neat within. 

The city hall is a strong brick building-, two stories in 
height, in the shape of an oblong, winged with one at each 
end, at right angles with the first. The floor below is an 
open walk, except two jails and the jailor's apartments. 
The cellar underneath is a dungeon, and the garret above a 
common prison. This edifice is erected in a place where 
four streets meet, and fronts, to the south-west, one of the 
most spacious streets in town. The eastern wing, in the 
second story, consists of the assembly chamber, a lobby, 
and a small room for the speaker of the house. The west 
wing, on the same floor, forms the council room and a library ; 
and in the space between the ends the supreme court is ordi- 
narily held. 

The library consists of a thousand volumes, which were 
bequeathed to the Society for the Propagation of the Gospel in 
Foreign Parts, by Dr. Millington, rector of Newington. Mr. 
Humphrys, the society's secretary, in a letter of the 23d of 
September, 1728, informed governor Montgomerie, that the 
society intended to place these books in New-York, intending 
to establish a library for the use of the clergy and gentlemen 
of this and the neighbouring governments of Connecticut, 
New-Jersey, and Pennsylvania, upon giving security to re- 
rurn them : and desired the a^overnor to recommend it to the 



APPENDIX. 309 

assembly to provide a place to reposite the books, and to con- 
cur in an act for the preservation of them and others that 
might be added. Governor Montgomerie sent the letter to 
the assembly, who ordered it to be laid before the city corpo- 
ration, and the latter, in June, 1729, agreed to provide a proper 
repository for the books, which were accordingly soon after 
sent over. The greatest part of them are upon theological 
subjects, and through the carelessness of the keepers many 
are missing. 

In 1754, a set of gentlemen undertook to carry about a 
subscription towards raising a public library, and in a few 
days collected near £600, which were laid out in purchas- 
ing about seven hundred volumes of new, well-chosen books. 
Every subscriber upon payment of £5 principal, and the 
annual sum of ten shillings, is entitled to the use of these 
books. His right by the articles is assignable, and for non- 
compliance with them may be forfeited. The care of this 
library, is committed to twelve trustees, annually elected by 
the subscribers, on the last Tuesday of April, who are 
restricted from making any rules repugnant to the funda- 
mental subscription. This is the beginning of a library, 
which in process of time will probably become vastly rich 
and voluminous ; and it would be very proper for the com- 
pany to have a charter for its security and encouragement. 
The books are deposited in the same room with those given 
by the society. 

Besides the city hall, there belong to the corporation, a 
large alms-house, or place of correction, and the exchange, 
in the latter of which there is a large room raised upon brick 
arches, generally used for public entertainments, concerts of 
music, balls, and assemblies. 

Though the city was put under the government of a 
mayor, &c. in 1 665, it was not regularly incorporated till 
1686. Since that time, several charters have been passed: 
the last was granted by governor Montgomerie on the 15th 
of .January 17.S0. 



310 APPENDIX. 

It is divided into seven wards, and is under the govern- 
ment of a mayor, recorder, seven aldermen, and as many 
assistants, or common councilmen. The mayor, a sheriff, 
and coroner are annually appointed by the governor. The 
recorder has a patent during pleasure. The aldermen, 
assistants, assessors, and collectors are annually elected by 
the freemen and freeholders of the respective wards. The 
mayor has the sole appointment of a deputy, and, together 
with four aldermen, may appoint a chamberlain. The 
mayor or recorder, four aldermen, and as many assistants, 
form " the common council of the city of New-York ;" and 
this body, by a majority of voices, hath power to make by- 
laws for the government of the citj'^, which are binding only 
for a year, unless confirmed by the governor and council. 
They have many other privileges relating to ferriages, mar- 
kets, fairs, the assize of bread, wine, &c. and the licensing 
and regulation of tavern keepers, cartage, and the like. The 
mayor, his deputy, the recorder, and aldermen are constituted 
justices of the peace ; and may hold not only a court of 
record once a week to take cognizance of all civil causes, 
but also a court of general quarter sessions of the peace. 
They have a common clei'k, commissioned by the governor, 
who enjoys an appointment worth about four or five hundred 
pounds per annum. The annual revenue of the corporation 
is near two thousand pounds. The standing militia of the 
island consists of about 2,300 men,* and the city has in 
reserve, a thousand stand of arms for seamen, the poor and 
others, in case of an invasion. 

The north-eastern part of New- York island is inhabited 
principally by Dutch farmers, who have a small village there 
called Harlem, pleasantly situated on a flat cultivated for 
the city markets. 

'^ The whole number of the inhabitants exclusive of females above sixty, ac- 
cording to a list returned to the governor in the spring 1756, amounted to 10,468 
whites, and 2,275 negroes ; but that account is erroneous. It is most probablf 
that there are in the cjty 15,000 souls. 



APPENDIX. J311 

WEST-CHESTER. 

This county is large, and includes all the land beyond the 
island of Manhatans along the sound, to the Connecticut 
line, which is its eastern boundary. It extends northward 
to the middle of the highlands, and westward to Hudson's 
river. A great part of this county is contained in the manors 
of Philipsburgh, Pelham, Fordham, and Courtlandt, the last 
of which has the privilege of sending a representative to the 
general assembly. The county is tolerably settled ; the 
lands are in general rough but fertile, and therefore the 
farmers run principally on grazing. It has several towns, 
East-Chester, West-Chester, New-Rochelle, Rye, Bedford, 
and North-Castle. The inhabitants are either English or 
Dutch presbyterians, episcopalians, quakers, and French pro- 
testants ; the former are the most numerous. The two 
episcopal missionaries are settled at Rye and East-Chester, 
and receive each £60 annually, taxed upon the county. 
The town of West-Chester is an incorporated borough, 
enjoying a mayor's court, and the right of being represented 
by a member in assembly. 

DUTCHESS. 

This county adjoins to West-Chester, which bounds it on 
the south, the Connecticut line on the east,* Hudson's river 
on the west, and the county of Albany on the north. The 
south part of this county is mountainous and fit only for iron 
works, but the rest contains a great quantity of good upland 
well watered. The only villages in it are Poghkeepsing 
and the Fish-Kill, though they scarce deserve the name. 
The inhabitants on the banks of the river are Dutch, but 
those more easterly Englishmen, and for the most part, emi- 
grants from Connecticut and Long Island. There is no 
episcopal church in it. The growth of this county has been 

* In describing the limits of the several counties, I regard their bounds accord- 
ing to the jurisdiction as now exercised in each, rather than the laws relating to 
them, which are very imperfect, especially the general act in 1691. The greatest 
part of Hudson's river is not included in any of our counties. 



tU2 APPENDIX. 

very sudden, and commenced but a few years ago. Within 
the memory of persons now Uving, it did not contain above 
twelve famihes ; and according to the late returns of the 
miUtia, it will furnish at present above 2500 fighting men. 

ALBANY. 

This county extends from the south bounds of the manor 
of Livingston on the east side, and Ulster on the west side 
of Hudson's river ; on the north its limits are not yet ascer- 
tained. It contains a vast quantity of fine low land. Its 
principal commodities are wheat, peas, and pine boards. 

The city of Albany, which is near 150 miles from New- 
York, is situated on the west side of the river. There our 
governors usually treat with the Indian dependents upon the 
British crown. The houses are built of brick in the Dutch 
taste, and are in number about 350. There are two churches 
in it. That of the episcopalians, the only one in this large 
county, is a stone building, the congregation is but small, 
almost all the inhabitants resorting to the Dutch church, 
which is a plain, square, stone edifice ; besides these they 
have no other public buildings except the city hall and the 
fort ; the latter of which is a stone square, with four bastions, 
situated on an eminence which overlooks the town, but is 
itself commanded by higher ground. The greatest part of 
the city is fortified only by palisadoes, and in some places 
there are small cannon planted in block-houses. Albany 
was incorporated by colonel Dongan in 1686, and is under 
the government of a mayor, recorder, six aldermen, and as 
many assistants. It has also a sheriff, town clerk, chamber- 
lain, clerk of the markets, one high constable, three sub- 
constables, and a marshal. The corporation is empowered 
besides to hold a mayor's court for the trial of civil causes, 
and a court of general quarter sessions. 

Sixteen or eighteen miles north-west from Albany lies 
Schenectady, on the banks of the Mohawks' branch, which 
falls into Hudson's river twelve miles to the north of Albany. 
This vill9,ge is compact and regular, built principally of brick. 



APPENDIX. 313 

Oil a lich flat of low land sunounded with hills. It has a 
large Dutch church with a steeple and town clock near the 
centre. The windings of the river through the town and 
the fields (which are often overflowed in tlie spring) form, 
about harvest, a most beautiful prospect. The lands in the 
vale of Schenectady are so fertile that they are commonly 
sold at £45 per acre. Though the farmers use no kind of 
manure, they till the fields every year, and they always pro- 
duce full crops of wheat or peas. Their church was incor- 
porated by governor Cosby, and the town has the privilege 
of sending a member to the assembly. 

From this village our Indian traders set out in battoes for 
Oswego. The Mohawks' river, from hence to fort Hunter, 
abounds with rifts and shoals, which in the spring give but 
little obstruction to the navigation. From thence to its head, 
or rather to the portage into the Wood Creek, the conveyance 
is easy, and the current less rapid. The banks of this river 
are in general low, and the soil exceeding good. Our settle- 
ments on the north side extend to Burnet's field, a flat 
inhabited by Germans, which produces wheat and peas in 
surprising plenty. On the south side, except a few Scotch- 
Irish in Cherry Valley, at the head of the Susquehanna, we 
have but few farms west of the three German towns on 
Schohare, a small creek which empties itself into the Mo- 
hawks' river, about twenty miles west of Schenectadj^ . The 
fur trade at Oswego is one of the principal advantages of 
this county. The Indians resort, thither in May, and the 
trade continues till the latter end of July. A good road 
might be made from Schenectady to Oswego. In the sum- 
mer of 1755, fat cattle were easily driven there for the army 
under the command of general Shirley. 

The principal settlements to the northward of Albany are 
Connestigiune, eastward of Schenectady on the Mohawks' 
river, which, a little lower, tmnbles down a precipice of about 
seventy feet high, called the Cahoes. The surprise which, 
as one might imagine, would naturally be excited by the 
view of so great a cataract, is much diminished by the 

VOL. 1. — 40 



314 APPENDIX. 

height of the banks of the river ; besides, the fall is arf 
uniform as a mill-dam, being uninterrupted by the projection 
of rocks. 

At Scaghtahook, on the east side of the north branch of 
Hudson's river, there are a few farms, but many more several 
miles to the eastward, and about twenty-five miles from 
Albany in the patent of Hosick. These were all broke up 
by an irruption of French and Indians, who, on the 28th of 
August 1 754, killed and scalped two persons, and set fire to 
the houses and barns. 

About forty miles to the northward of Albany, on the west, 
side of the river, lies Saratoga, a fine tract of low land, from 
which several families were driven by the French Indians in 
the late war. A project of purchasing these lands from the 
proprietors, settling them with Indians, raising a fort there, 
and cultivating the soil for them, has been often talked of 
since captain Campbell's disappointment, as a proper expe- 
dient to curb the scalping parties sent out from Crown Point. 

In the southern part of the county of Albany, on both 
sides of Hudson's river, the settlements are very scattered, 
except within twelve miles of the city, when the banks 
become low and accessible. The islands here, which are 
many, contain perhaps the finest soil in the world. 

There are two manors in the county, Renslaerwick and 
Livingston, which have each the privilege of sending a mem- 
ber to the assembly. The tenants of these njanors, and of 
the patents of Claverack, have free farms at the annual rent 
of a tenth of the produce, which has as yet been neither 
exacted nor paid. At Ancram, in the manor of Livingston, 
is an iron furnace about fourteen miles from the river : its? 
best and most improved lands lie at Tachanic in the eastern 
parts, which have of late been much disturbed by the inroads 
of the Massachusetts Bay, on this and the patents of Wes- 
ternhook and Claverack. 

The winters in this comity are commonly severe, and 
Hudson's river freezes so hard a hundred miles to the south- 
ward of Albany, as to bear sleds loaded with great burden?. 



APPENDIX. 315 

Much snow is very serviceable to the farmers here, not only 
in protecting their grain from the frost, but in facilitating the 
transportation of their boards and other produce to the banks 
of the river against the ensuing spring. 

ULSTER- 

This county joins to that of Albany, on the west side of 
Hudson's river. Its northern extent is fixed at Sawyer's 
rill : the rivers Delaware and Hudson bound it east and 
west, and a west line from the mouth of Murderer's creek is 
its southern limit. 

The inhabitants are Dutch, French, English, Scotch, and 
Irish, but the first and the last are most numerous. The 
episcopalians in this county are so inconsiderable that their 
church is only a mean log-house. The most considerable 
town is Kingston, situated about two miles from Hudson's 
river. It contains about 150 houses mostly of stone, is regu- 
larly laid out on a dry level spot, and has a large stone church 
and court-house near the centre. It is thought to resemble 
Schenectady, but far exceeds it in its elevation : on the 
north side of the town the Esopus kill winds through rich 
and beautiful lawns. The people of Ulster having long 
enjoyed an undisturbed tranquillity, are some of the most 
opulent farmers in the whole colony. 

This county is most noted for fine flour, beer, and a good 
breed of draught horses. At the commencement of the 
range of the Apalachian hills, about ten miles from Hudson's 
river, is an inexhaustible quarry of millstones, which far 
exceed those from Colen in Europe, formerly imported here, 
and sold at ,£80 a pair. The Marbletown millstones cost 
not a fourth part of that sum. This, and the counties of 
Dutchess and Orange, abound with lime-stone, and on the 
banks of Hudson's river are found great bodies of blue slate. 

The principal villages, besides Kingston, are Marbletown, 
Hurley, Rochester, New Paltz, and the Walkill, each of 
which is surrounded with fine tracts of low land. The militia 
of Ulster is about 15 or 1600 men and a company of horse. 



316 APPENDIX. 

ORANGE 

County is divided by a range of mountains, stretching 
westward from Hudson's river, called the Highlands. On 
the north side the lands are very broken but fertile, and 
inhabited by Scotch, Irish, and English presbyterians. The 
society's missionary in Ulster preaches here sometimes to a 
small congregation of the episcopal persuasion, which is the 
only one in the county. Their villages are Goshen, Bethle- 
hem, and Little Britain, all remarkable for producing, in 
general, the best butter made in the colony. The people on 
the south side of the mountains are all Dutch ; and Orange 
town, more commonly called by the Indian name Tappan, is 
a small but very pleasant inland village with a stone court- 
house and church. The militia consists of about 1300 fight- 
ing men. 

This county joins to the province of New-Jersey on the 
south ; and the non-settlement of the partition line has been 
the greatest obstruction to its growth. 

There is a very valuable tract called the Drowned Lands 
on the north side of the mountains, containing about 40 or 
50,000 acres. The waters which descend from the surround- 
ing hills, being but slowly discharged by the river issuing 
out of it, cover these vast meadows every winter, and hence 
they become extremely fertile. The fires, kindled up in the 
woods by the deer hunters in autumn, are communicated by 
the leaves to these meadows before the waters rise above the 
channel of the river, and a dreadful devouring conflagration 
overruns it, consuming the herbage for several days. The 
Walkill river, which runs through this extensive amphibious 
tract, if I may use the expression, is in the spring stored with 
eels of uncommon size and plenty, very useful to the farmers 
residing on its banks. The river is about two chains in 
breadth, where it leaves the drowned lands, and has a consi- 
derable fall. The bottom of it is a broken rock, and I am 
informed by Mr. Clinton, a gentleman of ingenuity and a 
mathematical turn, that the channel might for less than 
.£3000 be sulRciently deepened to draw off all the water from 



APPENDIX. 317 

liie meadows. Some parts near the banks of the upland have 
been aheady redeemed from the floods ; these spots are very 
fertile, and produce English grass, hemp, and Indian corn. 

The mountains in the county of Orange are clothed thick 
with timber, and abound with iron ore, ponds, and fine streams 
for iron works. Goshen is well supplied with white cedar, 
and in some parts of the woods is fomid great plenty of black 
walnut. 

Before I proceed to the description of the southern counties 
I beg leave to say a few words concerning Hudson's river. 

Its source has not as yet been discovered ; we know in 
general that it is in the mountainous, uninhabited country, 
between the lakes Ontario and Champlain. In its course 
southward it approaches the Mohawks' river within a few 
miles at Saucondauga ; from thence it runs north and north- 
easterly towards lake St. Sacrement, now called lake George, 
and is not above eight or ten miles distant from it ; the course 
then to New- York is very uniform, being in the main south 
twelve or fifteen degrees west. 

The distance from Albany to lake George is computed at 
sixty-five miles : the river in that interval is navigable only 
to Batteaus, and interrupted by rifts, which occasion two port- 
ages of half a mile each.* There are three routes from 
Crown Point to Hudson's river in the way to Albany ; one 
through lake George, another through a branch of lake 
Champlain, bearing a southern course, and terminating in a 
bason several miles east of lake George, called the South Bay. 
The third is by ascending the Wood Creek, a shallow stream 
about one hundred feet broad, which, coming from the south- 
east, empties itself into the south branch of the lake Cham- 
plain. 

The place where these routes meet on the banks of Hud- 
son's river, is called the Carrymg Place : here fort Lyman, 
since called fort Edward, is built ; but fort William Henry, a 
much stronger garrison, was erected at the south end of lake 

* In the passage from Albany to fort Edward, the whole land carriage ia about 
twelve or thirteen miles. 



318 APPENDIX. 

George, after the repulse of the French forces under the com- 
mand of baron Dieskau on the 8th of September, 1 755 : 
general Shirley thought it more advisable to strengthen fort 
Edward in the concurrence of three routes, than to erect the 
other at lake George seventeen miles to the northward of it ; 
and wrote a very pressing letter upon that head to sir William 
Johnson, who then commanded the provincial troops. 

The banks of Hudson's river are for the most part rocky 
cliffs, especially on the western shore. The passage through 
the highlands affords a wild romantic scene for sixteen miles 
through steep and lofty mountains : the tide flows a few miles 
above Albany, the navigation is safe, and performed in sloops 
of about forty or fifty tons burden, extremely well accommo- 
dated to the river : about sixty miles above the city of New- 
York the water is fresh, and in wet seasons much lower ; the 
river is stored with variety of fish, which renders a summer's 
passage to Albany exceedingly diverting to such as are fond 
of anghng. 

The advantages of this river for penetrating into Canada, 
and protecting the southern colonies fi-om the irruptions of the 
French, by securing the command of the lakes, and cuttingoff 
the communication between the French settlements on St. 
Lawrence and the Mississippi, though but lately attended to, 
must be very apparent to every judicious observer of the maps 
of the inland part of North America. 

The French, as appears from the intended invasion in 
1689, have long eyed the English possession of this province 
with jealousy, and it becomes us to fall upon every method for 
its protection and defence. 

The singular conveniency of Hudson's river, to this province 
in particular, was so fully shown in one of the late papers, 
published in 1753, under the title of the Independent Reflec- 
tor, that I cannot help reprinting the passage relating to it, 

" High roads, which in most trading countries, are ex- 
tremely expensive, and awake a continual attention for their 
reparation, demand from us, comparatively speaking, scarce 
any public notice at all. The whole province is contained 



APPENDIX. ol9 

ill two narrow oblongs, extending from tlie city east and 
north, having water carriage from the extremity of one, and 
from the distance of one hundred and sixty miles of the other, 
and, by the most accurate calculation has not, at a medium, 
above twelve miles of land carriage throughout its whole 
extent. This is one of the strongest motives to the settle- 
ment of a new country, as it affords the easiest and most 
speedy conveyance from the remotest distances, and at the 
lowest expence. The effects of this advantage are greater 
than we usually observe, and are therefore not sufficiently 
admired. 

"The province of Pensylvania, has a jfine soil, and through 
the importations of Germans, abounds with inhabitants ; but 
being a vast inland country, its produce must, of consequence, 
be brought to a market over a great extent of ground, and 
all by land carriage. Hence it is, that Philadelphia is crowd- 
ed with wagons, carts, horses, and their drivers ; a stranger 
at his first entrance would imagine it to be a place of traffic, 
beyond any one town in the colonies, while, in New- York in 
particular, to which the produce of the country is all brought 
by water, there is more business, at least business of profit, 
though with less show and appearance. Not a boat in our 
river is navigated with more than two or three men at most ; 
and these are perpetually coming in from and returning to 
all parts of the adjacent country, in the same employments 
that fill the city of Philadelphia with some hundreds of men, 
who, in respect to the public advantage, may justly be said 
to be laboriously idle: for, let any one nicely compute the ex- 
pense of a wagon with its tackling, the time of two men in 
attending it, their maintenance, four horses, and the charge 
of their provender, on a journey of one, though they often 
come two hundred miles, and he will find these several par- 
ticulars amount to a sum far from being inconsiderable. All 
this time the New-York farmer is in the course of his proper 
business, and the unincumbered acquisitions of his calling ; 
for at a medium, there is scarce a farmer in the province that 
cannot transport the fruit? of a year's labom- from the bppt 



SiO APPENDIX. 

farm in three days, at a proper season, to some convenient 
landing, where the market will be to his satisfaction, and all 
the wants from the merchant cheaply supplied ; besides 
which, one boat shall steal into the harbour of New-York, 
with a lading of more burden and value than forty wagons, 
one hundred and sixty horses, and eighty men into Philadel- 
phia ; and perliaps with less noise, bluster, or show than one. 
"Prodigious is the advantage we have in this article alone, 1 
shall not enter into an abstruse calculation to evince the ex- 
act value of it in all the lights in which it may be considered; 
thus much is certain, that barely on account of our easy car- 
riage, the profits of farming with us exceed those in Penn- 
sylvania at least by thirty per cent,; and that difference, in 
favour of our farmers, is of itself sufficient to enrich them : 
while the others find the disadvantage they are exposed to 
so heavy, (especially the remote inhabitants of their country,) 
that a bare subsistence is all they can reasonably hope to 
obtain. Take this province throughout, the expense of trans- 
porting a bushel of wheat is but two pence for the distance 
of one hundred miles, but the same quantity at the like dis- 
tance in Pennsylvania, will always exceed us one shilling at 
least. The proportion between us in the conveyance of every 
thing else is nearly the same ; how great then are the incum- 
brances to which they are exposed ! What an immense 
charge is saved to us ! how sensible must the embarrassments 
they are subject to be to a trading people !" 

RICHMOND 

County consists of Staten Island, which lies nine miles 
south-westward from the city of New-York. It is about 
eighteen miles long, and at a medium six or seven in breadth, 
on the south side is a considerable tract of good level land, 
but the island is in general rough, and the hills high ; the 
inhabitants are principally Dutch and Frencli, the former 
have a church, but the latter having been long without a 
minister, resort to an episcopal church in Richmond town, a 
poor mean village and the only one on the island, the parson 



AFPENUIX. 321 

of the parish receives dC40 per annum, raised by a tax upuii 
the county. 

Southward of the main coast of this and the colony of Con- 
necticut hes Long Island, called by the Indians Matowacs, 
and named, according to an act of assembly in king William' vS 
reign, Nassau; its length is computed at one hundred and 
twenty miles, and the mean breadth twelve. The lands on 
the north and south side are good, but in the middle, sandy and 
barren ; the southern shore is fortilied against any invasion 
fiom the sea by a beach inaccessible to ships, and rarely to be 
approached, even by the smallest long-boats, on account of the 
surge which breaks upon it with great fury, even when the 
winds are light. The coast, east and west, admits of regular 
soundings far into the ocean, and as the lands are in general 
low for several hundred miles, nothing can be more advan- 
tageous to our ships than the high lands of Neversink, near 
the entrance at the Hook, which are scarce six miles in 
length, and often seen thirty leagues from the sea; this island 
affords the finest roads in America, it being very level and 
but indifferently watered : it is divided into three counties. 

KINGS 

County lies opposite to New-York, on the north side of Long 
Island; the inhabitants are all Dutch, and enjoying a good 
soil, near our markets, are generally in easy circumstances. 
The coimty, which is very small, is settled in every part, and 
contains several pleasant villages, viz. Bushwick, Breucklin, 
Bedford, Flat-Bush, Flat-Lands, New-Utrecht, and Graves- 
end. 

tiUEENS 

County is more extensive, and equally well settled : the 
principal towns are Jamaica, Hempstead, Flushing, New- 
town, and Oysterbay. Hempstead plain is a large, level, 

VOL. 1—4 1 



dry, champaign heath, about sixteen miles long and six or 
seven wide, a common land belonging to the towns of Oys- 
terbay and Hempstead. The inhabitants are divided into 
Dutch and English presbyterians, episcopalians, and qua- 
kers. 

There are but two episcopal missionaries in this county, 
one settled at Jamaica, and the other at Hempstead ; and 
each of them receives ,£60 annually, levied upon all the 
inhabitants. 



SUFFOLK 

Includes all the eastern part of Long Island, Shelter Island, 
Fisher's Island, Plumb Island, and the Isle of White. This 
large county has been long settled, and, except one small 
episcopal congregation, consists entirely of English presbyte- 
rians. Its principal towns are Huntington, Smithtown, 
Brookhaven, Southampton, Southhold, and Easthampton. 
The farmers are for the most part graziers, and living very 
remote from New-York, a great part of their produce is 
carried to markets in Boston and Rhode-Island. The 
Indians, who were formerly numerous on this island, are 
now become very inconsiderable. Those that remain, 
generally bind themselves servants to the English. The 
whale fishery, on the south side of the island, has declined 
of late years, through the scarcity of whales, and is now 
almost entirely neglected. 

The Elizabeth islands, Nantucket, Martin's vineyard, &c. 
and Pemy Quid, which anciently formed Duke's and the 
co'mty of Cornwal, are now under the jurisdiction of the 
Massachuset's Bay. Sir William Phips demanded them of 
governor Fletcher, in February 1692-3, not long after the 
new charter to that province; but the government here was 
then of opinion, that, that colony was not entitled to any 
islands westward of Nantucket. 

An estimate of the comparative wealth of our counties, 
vnrtv be formed from anv of our assessments. In a ^10,000 



APPENDIX. 32S 

part of a ,£45,000 tax laid in 1755, the proportions settled 
by an act of assembly stood thus : — 

New- York ^6*3,332 

Albany 1,060 

King's 484 

Queen's 1,000 

Suffolk 860 

Richmond. .304 

West-Chester 1,000 

Ulster 860 

Dutchess 800 

Orange 300 



£10,000 



CHAPTER H. 



OP THE INHABITANTS. 



This province is not so populous as some have imagined. 
Scarce a third part of it is under cultivation. The colony 
of Connecticut, which is vastly inferior to this in its ex- 
tent, contains, according to a late authentic enquiry, above 
133,000 inhabitants, and has a militia of 27,000 men ; but 
the militia of New-York, according to the general estimate, 
does not exceed 18,000. The whole number of souls is 
computed at 100,000. 

Many have been the discouragements to the settlement 
of this colony. The French and Indian irruptions, to which 
we have always been exposed, have driven many families 
into New-Jersey. At home, the British acts for the trans- 
portation of felons, have brought all the American colonies 
into discredit with the industrious and honest poor, both in 
the kingdoms of (xreat Britain and Ireland. The mischiev- 



324 APPENDIX. 

Oils tendency of those laws was shown in a late paper* 
which it may not be improper to lay before the reader.* 

"It is too well known that, in pursuance of divers acts of 
parliament, great nimibers of fellows who have forfeited 
their lives to the public, for the most atrocious crimes, are 
annually transported from home to these plantations. Very 
surprising- one would think, that thieves, biirglars, pickpock- 
ets, and cut-purses, and a herd of the most flagitious banditti 
upon earth, should be sent as agreeable companions to us ! 
That the supreme legislature did intend a transportation to 
America, for a punishment of these villains, I verily believe : 
but so great is the mistake, that confident I am, they are 
thereby, on the contrary, highly rewarded. For what, in 
God's name, can be more agreeable to a penurious wretch, 
driven, through necessity, to seek a livelihood by breaking of 
houses, and robbing upon the king's highway, than to be 
saved from the halter, redeemed from the stench of a gaol 
and transported, passage free, into a country, where, being 
unknown, no man can reproach him with his crimes ; where 
labour is high, a little of which will maintain him ; and 
where all his expenses will be moderate and low. There is 
scarce a thief in England, that would not rather be transport- 
ed than hanged. Life in any condition, but that of extreme 
misery, will be preferred to death. As long, therefore, as 
there remains this wide door of escape, the number of thieves 
and robbers at home will perpetually multiply, and their 
depredations be incessantly reiterated. 

But the acts were intended, for the better peopling the colo- 
nies. And will thieves and murderers be conducive to that 
end 1 What advantage can we reap from a colony of 
unrestrainable renegadoes ? will they exalt the glory of the 
crown ] or rather, will not the dignity of the most illustrious 
monarch in the world be sullied by a province of subjects 
so lawless, detestable, and ignominious ? Can agriculture 

'•■ The Independent Reflector. 



APPENDIX. ^25 

be promoted, when the wild hoar of the forest breaks doim our 
hedges and pulls up our vines ? Will trade flourish, or manu- 
factures be encouraged, where property is made the spoil of 
such who are too idle to work, and wicked enough to mur- 
der and steaH 

" Besides, are we not subjects of the same king, with the 
people of England ; members of the same body politic, and 
therefore entitled to equal privileges with them 1 If so, how 
injurious does it seem to free one part of the dominions from 
the plagues of mankind, and cast them upon another? 
should a law be proposed to take the poor of one parish, 
and billet them upon another, would not all the world, but 
the parish to be relieved, exclaim against such a project, as 
iniquitous and absurd 1 Should the numberless villains of 
London and Westminster be suffered to escape from their 
prisons, to range at large and depredate any other part of 
the kingdom, would not every man join with the sufferers, 
and condemn the measure as hard and unreasonable ? And 
though the hardships upon us, are indeed not equal to those, 
yet the miseries that flow from laws, by no means intended 
to prejudice us, are too heavy, not to be felt. But the colonies 
must be peopled. Agreed : and will the transportation acts 
ever have that tendency 1 No; they work the contrary way, 
and counteract their own design. We want people 'tis 
true, but not villains, ready at any time, encouraged by 
impunity, and habituated upon the slightest occasions, to 
cut a man's throat for a small part of his property. The 
delights of such company is a noble inducement, indeed, to 
the honest poor, to convey themselves into a strange country. 
Amidst all our plenty, they will have enough to exercise 
their virtues, and stand in no need of the association of such 
as will prey upon their property, and gorge themselves with 
the blood of the adventurers. They came over in search of 
happiness ; rather than starve will live any where, and 
would be glad to be excused from so afflicting an antepart of 
the torments of hell. In reality, sir, these very laws, though 
otherwise designed, have turned out. in the end, the most 



C»26 APPENDIX. 

effectual expedients that the art of man could have contri- 
ved, to prevent the settlement of these remote parts of the 
king's dominions. They have actually taken away almost 
every encouragement to so laudable a design. I appeal to 
facts. The body of the English are struck with terror at 
the thought of coming over to us, not because they have a 
vast ocean to cross, or leave behind them their friends ; or 
that the country is new and uncultivated : but from the 
shocking ideas, the mind must necessarily form, of the 
company of inhuman savages, and the more terrible herd of 
exiled malefactors. There are thousands of honest men, 
labouring in Europe, at four pence a day, starving in spite 
of all their efforts, a dead weight to the respective parishes 
to which they belong ; who, withovU any other qualifications 
than common sense, health, and strength, might accumulate 
estates among us, as many have done already. These, and 
not the others, are the men that should be sent over for the 
better peopling the plantations. Great Britain and Ireland, in 
their present circumstances, are overstocked with them; and 
he who would immortalize himself, for a lover of mankind^ 
should concert a scheme for the transportation of the indus- 
triously honest abroad, and the immediate punishment of 
rogues and plunderers at home. The pale-faced, half-clad, 
meagre, and starved skeletons, that are seen in every 
village of those kingdoms, call loudly for the patriot's 
generous aid. The plantations too, would thank him for 
his assistance, in obtaining the repeal of those laws which, 
though otherwise intended by the legislature, have so 
unhappily proved injurious to his own country, and ruinous 
to us. It is not long since a bill passed the commons, for 
the employment of such criminals in his majesty's docks, as 
should merit the gallows. The design was good. It is 
consistent with sound policy, that all those, who have 
forfeited their liberty and lives to their country, should be 
compelled to labour the residue of their days in its service. 
But the scheme was bad, and wisely was the bill rejected 
by the lords, for this only reason, that it had a. natural tendency 



APPENDIX. 



■32t 



to discredit the king^s yards : the consequences of which must 
have been prejudicial to the whole nation. Just so ought 
we to reason in the present case, and we should then soon 
be brought to conclude, that though peopling the colonies, 
which was the laudable motive of the legislature, be expedi- 
ent to the public, abrogating the transportation laws must 
be equally necessary." 

The bigotry and tyranny of some of our governors, to- 
gether with the great extent of their grants, may also be 
considered among the discouragements against the full 
settlement of the province. Most of these gentlemen coming 
over with no other view than to raise their own fortunes, 
issued extravagant patents, charged with small quit-rents, 
to such as w^ere able to serve them in the assembly ; and 
these patentees, being generally men of estates, have rated 
their lands so exorbitantly high, that very few poor persons 
could either purchase or lease them. Add to all these, that 
the New-England planters have always been disaffected to 
the Dutch ; nor was there, after the surrender, any foreign 
accession from the Netherlands. The province being thus 
poorly inhabited, the price of labour became so enormously 
enhanced, that we have been constrained to import negroes 
from Africa, who are employed in all kinds of servitude 
and trades. 

English is the most prevailing language amongst us, but 
not a little corrupted by the Dutch dialect, which is still so 
much used in some counties, that the sheriffs find it difficult 
to obtain persons, sufficiently acquainted with the English 
tongue, to serve as jurors in the courts of law. 

The manners of the people differ as well as their lan- 
guage. In Suffolk and Queen's county, the first settlers of 
which were either natives of England, or the immediate 
descendants of such as begun the plantations in the eastern 
colonies, their customs are similar to those prevailing in the 
English counties from whence they originally sprang. In 
the city of New-York, through our intercourse with the 
Europeans, we follow the T4ondou fashions : though, by the 



335 APPENDIX. 

time we adopt them, they become disused in England. Oui 
affluence, during the late war, introduced a degree of luxury 
in tables, dress, and furniture, with which we were before 
unacquainted. But still we are not so gay a people as om* 
neighbours in Boston, and several of the southern colonies. 
The Dutch counties, in some measure, follow the example 
of New-York, but still retain many modes peculiar to the 
Hollanders. 

The city of New-York consists principally of merchants, 
shopkeepers, and tradesmen, who sustain the reputation of 
honest, punctual, and fair dealers. With respect to riches, 
there is not so great an inequality amongst us as is common 
in Boston and some other places. Every man of industry 
and integrity has it in his power to live well, and many are 
the instances of persons who came here distressed by their 
poverty, who now enjoy easy and plentiful fortunes. 

New-York is one of the most social places on the conti- 
nent. The men collect themselves into weekly evening 
clubs. The ladies, in winter, are frequently entertained 
either at concerts of music or assemblies, and make a very 
good appearance. They are comely and dress well, and 
scarce any of them have distorted shapes. Tinctured with 
a Dutch education, they manage their families with be- 
coming parsimony, good providence, and singular neatness. 
The practice of extravagant gaming, common to the fashion- 
able part of the fair sex, in some places, is a vice with 
which my countrywomen cannot justly be charged. There 
is nothing they so generally neglect as reading, and indeed 
all the arts for the improvement of the mind, in which, I 
confess, we have set them the example. They are modest, 
temperate, and charitable; naturally sprightly, sensible, and 
good-humoured; and, by the helps of a more elevated educa- 
tion, would possess all the accomplishments desirable in the 
sex. Our schools are in the lowest order — the instructors 
want instruction; and, through a long shameful neglect of all 
the arts and sciences, our common speech is extremely cor- 
rupt, and the evidences of a bad taste, both os to thouirht. 



APFENDIX. S29 

a,nd language, are visible in all our proceedings, public and 
private. 

The people, both in town and country, are sober, indus- 
trious, and hospitable, though intent upon gain. The richer 
sort keep very plentiful tables, abounding with great varieties 
of flesh, fish, fowl, and all kinds of vegetables. The com- 
mon drinks are beer, cider, weak punch, and Madeira wine. 
For dessert, we have fruits in vast plenty, of different kinds 
and various species. 

Gentlemen of estates rarely reside in the country, and 
hence few or no experiments have yet been made in agri- 
culture. The farms being large, our husbandmen, for that 
reason, have little recourse to art for manuring and improving 
their lands ; but it is said, that nature has furnished us with 
sufficient helps, whenever necessity calls us to use them. 
It is much owing to the disproportion between the number 
of our inhabitants, and the vast tracts remaining still to be 
settled, that we have not, as yet, entered upon scarce any 
other manufactures than such as are indispensably necessary 
for our home convenience. Felt-making, which is perhaps 
the most natural of any we could fall upon, was begun some 
years ago, and hats were exported to the West-Indies with 
great success, till lately prohibited by an act of parliament. 

The inhabitants of this colony are in general healthy and 
robust, taller but shorter lived than Europeans, and, both 
with respect to their minds and bodies, arrive sooner to an 
age of maturity. Breathing a serene, dry air, they are 
more sprightly in their natural tempers than the people of 
England, and hence instances of suicide are here very un- 
common. The history of our diseases belongs to a profession 
with which I am very little acquainted. Few physicians 
amongst us are eminent for their skill. Quacks abound like 
locusts in Egypt, and too many have recommended them- 
selves to a full practice and profitable subsistence. This is 
the less to be wondered at, as the profession is under no kind 
of regulation. Loud as the call is, to our shame be it 
remembered, we have no law to protect the lives of the 
voT,. 1—42. 



330 APPENDIX. 

king's subjects from the malpractice of pretenders. Any 
man at his pleasure sets up for physician, apothecary, and 
chirurgeon. No candidates are either examined or licensed, 
or even sworn to fair practice.* The natural history of this 
province would of itself furnish a small volume ; and, there- 
fore, I leave this also to such as have capacity and leisure to 
make useful observations, in that curious and entertaining 
branch of natural philosophy. 



CHAPTER III. 

OF OUR TRADE. 

The situation of New-York, with respect to foreign mar- 
kets, for reasons elsewhere assigned, is to be preferred to any 
of our colonies. It lies in the centre of the British planta- 
tions on the continent, has at all times a short easy access to 
the ocean, and commands almost the whole trade of Connec- 
ticut and New-Jersey, two fertile and well-cultivated colonies. 
The projection of Cape Cod into the Atlantic, renders the 
navigation from the former to Boston, at some seasons, 
extremely perilous; and sometimes the coasters are driven 
off, and compelled to winter in the West-Indies. But the 
conveyance to New- York, from the eastward, through the 
sound, is short and unexposed to such dangers. Philadel- 
phia receives as little advantage from New-Jersey, as Boston 
from Connecticut, because the only rivers which roll through 
that province disembogue not many miles from the very 
city of New-York. Several attempts have been made to 
raise Perth Amboy into a trading port, but hitherto it has 
proved to be an unfeasible project. New- York, all things 

* The necessity of regulating the practice of physic, and a plan for that pur- 
pose, were strongly recommended by the author of the Independent Reflector, in 
1753, when the city of New- York alone boasted the honour of having above forty 
gentlemen of that faculty. 



APPENDIX. 331 

considered, has a much better situation, and, were it other- 
wise, the city is become too rich and considerable to be 
echpsed by any other town in its neighbourhood. 

Our merchants are compared to a hive of bees, who 
industriously gather honey for others — J^on vobis mellijicatis 
apes. The profits of our trade centre chiefly in Great Bri- 
tain and for that reason, methinks, among others, we ought 
always to receive the generous aid and protection of our 
mother country. In our traffic with other places, the balance 
is almost constantly in our favour. Our exports to the West- 
Indies are bread, peas, rye-meal, Indian corn, apples, onions, 
boards, staves, horses, sheep, butter, cheese, pickled oysters, 
beef, and pork. Flour is also a main article, of which there 
is shipped about 80,000 barrels per annum. To preserve the 
credit of this important branch of our staple, we have a good 
law, appointing officers to inspect and brand every cask before 
its exportation. The returns are chiefly rum, sugar, and 
molasses, except cash from Curacoa, and when mules, from 
'the Spanish Main, are ordered to Jamaica, and the Wind- 
ward Islands, which are generally exchanged for their natu- 
ral produce, for we receive but little cash from our own 
islands. The balance against them would be much more 
in our favour, if the indulgence to our sugar colonies did not 
enable them to sell their produce at a higher rate than either 
the Dutch or French islands. 

The Spaniards commonly contract for provisions with 
merchants in this and the colony of Pennsylvania, very much 
to the advantage both of the contractors and the public, 
because the returns are wholly in cash. Our wheat, flour, 
Indian corn, and lumber, shipped to Lisbon and Madeira, 
balance the Madeira wine imported here. 

The logwood trade to the bay of Honduras is very consi- 
derable, and was pushed by our merchants with great bold- 
ness in the most dangerous times. The exportation of flax 
seed to Ireland is of late very much increased. Between 
the Ddi of December, 1755, and the 23d of February follow- 
insT, we shipped off 12,528 hogshead?!. In relmn for this 



332 APPENDIX. 

article, linens are imported, and bills of exchange drawn m 
favour of England, to pay for the dry goods we purchase 
there. Our logwood is-remitted to the English merchants 
for the same purpose. 

The fur trade, though very much impaired by the French 
wiles and encroachments, ought not to be passed over in 
silence.* The building of Oswego has conduced, more 
than any thing else, to the preservation of this trade. Peltry 
of all kinds is purchased with nun, ammunition, blankets, 
strouds and wampum, or conque-shell bugles. The French 
fur trade at Albany was carried on till the summer 1755, by 
the Caghnuaga proselytes; and, in return for their peltry, 
they received Spanish pieces of eight, and some other articles 
which the French want, to complete their assortment of 
Indian goods. For the savages prefer the English strouds 
to theirs, and the French found it their interest to purchase 
them of VIS, and transport them to the western Indians on 
the lakes Erie, Huron, and at the strait of Misilimakinac. 

Our importation of dry goods from England is so vastly * 
great, that we are obliged to betake ourselves to all possible 
arts to make remittances to the British merchants. It is 
for this purpose we import cotton from St. Thomas's and 
Surinam ; lime-juice and Nicaragua wood from Curacoa ; 
and logwood from the bay, &c. and yet it drains us of all 
the silver and gold we can collect. It is computed, that 
the annual amount of the goods purchased by this colony in 
Great Britain, is in value not less than jC100,000 sterling; 
and the sum would be much greater if a stop was put to all 
clandestine trade. England is, doubtless, entitled to all our 
superfluities ; because our general interests are closely con- 
nected, and her navy is our principal defence. On this 
account, the trade with Hamburgh and Holland for duck, 
chequered linen, oznabrigs, cordage, and tea, is certainly, 

* It is computed, that formerly, we exported 160 hogslieads of beaver and other 
tine furs per annum, and 200 hogsheads of Indian-dressed deer-skins, besides 
those carried from Albany into New-England. Skins undressed are ueuallj 
shipped to Flolland. 



APPENDIX. 333 

upon the whole, impolitic and unreasonable ; how much 
soever it may conduce to advance the interest of a few mer- 
chants, or this particular colony. 

By what, measures this contraband trade may be effectu- 
ally obstructed is hard to determine, though it well deserves 
the attention of a British parliament. Increasing the num- 
ber of custom-house officers, will be a remedy worse than the 
disease. Their salaries would be an additional charge upon 
the public; for if we argue from their conduct, we ought not to 
presume upon their fidelity. The exclusive right of the 
East-India company to import tea, while the colonies pur- 
chase it of foreigners 30 per cent, cheaper, must be very 
prejudicial to the nation. Our people, both in town and 
country, are shamefully gone into the habit of tea-drinking; 
and it is supposed we consume of this commodity in value 
near .£10,000 sterling per annum. 

Some are of opinion that the fishery of sturgeons, which 
abound in Hudson's river, might be improved to the great 
advantage of the colony ; and that, if proper measures were 
concerted, much profit would arise from ship-building and 
naval stores. It is certain we have timber in vast plenty, 
oak, white and black pines, fir, locust, red and white mul- 
berry, and cedar; and, perhaps, there is no soil on the globe 
fitter for the production of hemp than the lowlands in the 
county of Albany. To what I have already said concerning 
iron ore, a necessary article, I shall add an extract from the 
Independent Reflector. 

" It is generally believed that this province abounds with 
a variety of minerals. Of iron in particular, we have such 
plenty, as to be excelled by no country in the world of equal 
extent. It is a metal of intrinsic value beyond any other, 
and preferable to the purest gold. The former is converted 
into numberless forms, for as many indispensable uses ; the 
latter for its portableness and scarcity, is only fit for a me- 
dium of trade : but iron is a branch of it, and I am persuaded 
will, one time or other, be one of the most valuable articles 
of om- commerce. Our annual exports to Boston, Rhode - 



3S4 APPENDIX. 

Island and Connecticut, and, since the late act of parlia- 
ment, to England, are far from being inconsiderable. The 
bodies of iron ore in the northern parts of this province are 
so many, their quality so good, and their situation so con- 
venient, in respect to wood, water, hearth-stone, proper 
fluxes and carriage, for furnaces, bloomeries, and forges, 
that with a little attention we might very soon rival the 
Swedes in the produce of this article. If any American 
attempts in iron works have proved abortive, and disappointed 
their undertakers, it is not to be imputed either to the qua- 
lity of the ore, or a defect of conveniences. The want of 
more workmen, and the villany of those we generally have, 
are the only causes to which we must attribute such miscar- 
riages. No man, who has been concerned in them, will 
disagree with me, if I assert, that from the founder of the 
furnace, to the meanest banksman or jobber, they are usu- 
ally low, profligate, drunken, and faithless. And yet, under 
all the innumerable disadvantages of such instruments, very 
large estates have, in this way, been raised in some of our 
colonies. Our success, therefore, in the iron manufactory, 
is obstructed and discouraged by the want of workmen, and 
the high price of labour, its necessary consequence, and by 
these alone : but 'tis our happiness, that such only being the 
cause, the means of redress are entirely in our own hands. 
Nothing more is wanting to open a vast fund of riches to the 
province, in the branch of trade, than the importation of 
foreigners. If our merchants and landed gentlemen could 
be brought to a coalition in this design, their private interests 
would not be better advanced by it, than the public emolu- 
ment ; the latter in particular, would thereby vastly improve 
their lands, increase the number and raise the rents of their 
tenants. And I cannot but think, that if those gentlemen 
who are too inactive to engage in such an enterprise, would 
only be at the pains of drawing up full representations of 
their advantages for iron works, and of publishing them from 
time to time in Great Britain, Ireland, Germany, and Sweden; 
the province would soon be supplied with a sufficient num-^ 



APPENDIX. 335 

ber of capable worlanen in all branches of that manufac- 
tory." 

The money used in this province is silver, gold, British 
halfpence, and bills of credit. To counterfeit either of them 
is felony without benefit of clergy ; but none except the latter 
and Lyon dollars are a legal tender. Twelve halfpence, till 
lately passed for a shilling ; which, being much beyond their 
value in any of the neighbouring colonies, the assembly, in 
1753, resolved to proceed, at their next meeting, after the 
1st of May ensuing, to the consideration of a method for 
ascertaining their value. A set of gentlemen, in number 
seventy-two, took the advantage of the discredit that resolve 
put upon copper halfpence, and on the 22d of December, 
subscribed a paper, engaging not to receive or pass them, 
except at the rate of fourteen coppers to a shilling. This 
gave rise to a mob, for a few days, among the lower class of 
people, but some of them being imprisoned, the scheme was 
carried into execution, and established in every part of the 
province, without the aid of a law. Our paper bills, which 
are issued to serve the exigencies of the government, were 
at first equalled to an ounce of silver, then valued at eight 
shillings. Before the late Spanish war, silver and gold were 
in great demand to make remittances for European goods, 
and then the bills sunk, an ounce of silver being worth nine 
shillings and three pence. During the war, the credit of 
our bills was well supported, partly by the number of prizes 
taken by our privateers, and the high price of our produce 
abroad ; and partly by the logwood trade and the deprecia- 
tion of the New-England paper money, wich gave ours a 
free circulation through the eastern colonies. Since the 
war, silver has been valued at about nine shillings and two 
pence an ounce, and is doubtless fixed there, till our imports 
exceed what we export. To assist his majesty for removing 
the late encroachments of the French, we have issued 
jC80,000, to be sunk in short periods, by a tax on estates, 
real and personal ; and the whole amount of our paper cur- 
rencvis thought to be about i^l 60,000. 



;536 APPENDIX. 

Never was the trade of this province in so flourishing a 
condition, as at the latter end of the late French war. Above 
twenty privateers were often out of this port at a time ; and 
they were very successful in their captures. Provisions, 
which are our staple, bore a high price in the West-Indies, 
The French, distressed through the want of them, gladly 
received our flags of truce, though sometimes they had but 
one or two prisoners on board, because they were always 
loaded with flour, beef, pork, and such like commodities. 
The danger their own vessels were exposed to, induced them 
to sell their sugars to us at a very low rate. A trade was, 
at the same time, carried on between Jamaica and the 
Spanish Main, which opened a fine market to the northern 
colonies, and the returns were principally in cash. It was 
generally thought, that if the war had continued, the great- 
est part of the produce of the Spanish and French settlements 
in the West-Indies would have been transported to Great 
Britain, through some one or other of her colonies ; whence 
we may fairly argue their prodigious importance. 

The provincial laws relating to our trade are not very 
numerous. Those concerned in them, may have recourse 
to the late edition of our acts at large, published in 1752 ; 
and for this reason, I beg to be excused from exhibiting an 
unentertaining summary of them in this work. 



CHAPTER IV. 

OF OUR RELIGIOUS STATE, 

By the account already given, of the rise and progress ol 
the acts for settling a ministry in four counties, and the 
observations made concerning our various christian denomi- 
nations, I have in a great measure anticipated what I at 
first intended to have ranged under this head. 

The principal distinctions amongst us, are the episcopa- 
lians, and the Dutch and English presbyterians ; the two 



APPENDIX. 337 

last, together with all the other protestants in the colony, 
are sometimes (perhaps here improperly) called by the 
general name of dissenters ; and, compared to them, the 
episcopalians are, I believe, scarce in the proportion of one 
to fifteen. Hence partly arises the general discontent on 
account of the ministry acts ; not so much that the provision 
made by them is engrossed by the minor sect, as because 
the body of the people are for an equal, universal, toleration 
of protestants, and utterly averse to any kind of ecclesiastical 
establishment. The dissenters, though fearless of each other, 
are all jealous of the episcopal party, being apprehensive 
that the countenance they may have from home, will 
foment a lust for dominion, and enable them, in process of 
time, to subjugate and oppress their fellow subjects. The 
violent measures of some of our governors have given an 
alarm to their fears, and if ever any other gentleman, who 
may be honoured with the chief command of the province, 
begins to divert himself, by retrenching the privileges and 
immunities they now enjoy, the confusion of the province 
will be the unavoidable consequence of his folly ; for though 
his majesty has no other subjects upon whose loyalty he 
can more firmly depend, yet an abhorrence of persecution, 
under any of its appearances, is so deeply rooted in the 
people of this plantation, that as long as they continue their 
numbers and interest in the assembly, no attempt will 
probably be made upon the rights of conscience, without 
endangering the public repose. 

Of the government of the Dutch cliurches I have already 
given an account. As to the episcopal clergy, they are 
missionaries of the English society for propagating the gos- 
pel, and ordinarily ordained by the bishop of London, who, 
having a commission from the king to exercise ecclesiastical 
jurisdiction, commonly appoints a clergyman here for his 
commissary. The ministers are called by the particular 
churches, and maintained by the voluntary coutribution of 
their auditors and the society's annual allowance, iheve 
being no law for tithes. 

VOL. 1—43. 



338 APPENDIX. 

The English presbyterians are very numerous. Those 
inhabiting New-York, New-Jersey, Pennsylvania, and the 
three Delaware counties, are regularly formed, after the 
manner of the church of Scotland, into consistories or kirk 
sessions, presbyteries and synods, and will probably soon join 
in erecting a general assembly. The clergy are ordained 
by their fellows, and maintained by their respective congre- 
gations. I except those missionaries among the Indians, 
whose subsistence is paid by the Society in Scotland, for 
propagating Christian Knorvledge. None of the presbyterian 
churches in this province are incorporated, as is the case of 
many in New-Jersey. Their judicatories are upon a very 
proper establishment, for they have no authority by legal 
sanctions to enforce their decrees. Nor indeed is any 
religious sect, amongst us, legally invested with powers 
prejudicial to the common privileges of the rest. The 
dominion of all our clergy is, as it ought to be, merely 
spiritual. The episcopalians, however, sometimes pretend, 
that the ecclesiastical establishment in South Britain ex- 
tends here; but the whole body of the dissenters are averse 
to the doctrine. The point has been disputed with great 
fervour, and the sum of the arguments against it is contained 
in a late paper, which I shall lay before the reader, at 
large, without any additional reflections. 

It was published in September 1753, under the title of 
the Independent Reflector, and is in these words : — 

The arguments in support of an ecclesiastical establishment, 
in this province, impartially considered and refuted. 

Eripe turpi 

Colla jugo : liber, liber sum, die age. Hor. 

Whether the church of England is equally established in 
the colonies, as in the southern parts of Great Britain, is a 
question that has often been controverted. Those who hold 
the affirmative, have drawn a long train of consequences in 
favour of the episcopalians, taking it for granted, that the 



APPENDIX. o39 

iTUtii IS Oil their side. The piesbyteiiaiij:, independents, 
congregationaUsts, anabaptists, quakers, and all those 
among- us, who in England would fall under the general 
denomination of dissenters, are warm in the negative, I 
beg leave, therefore, to interpose in the debate ; and, as I 
promised, in the introduction to these papers, to vindicate 
the religious as well as civil rights and privileges of my 
countrymen, I shall devote this paper to a consideration of 
so important a point: to which I am the more strongly inclin- 
ed, because such establishment has often been urged against 
the scheme I have proposed for the constitution of our 
college. My opinion is, that the notion of a general religious 
establishment in this province is entirely groundless. Ac- 
cording to the strict rules of controversy, the onus probandi, 
or the burden of the proof, lies upon those who affirm the 
position ; and it would therefore be sufficient for me barely 
to deny it. I shall, nevertheless, wave the advantage 
of this rule of the schools ; and, as becomes an impartial 
advocate for truth, proceed to state the arguments which 
are generally urged in support of an establishment. I shall 
then show their insufficiency, and conclude with the 
particular reasons upon which my opinion is founded. 

They who assert that the church of England is established 
in this province, never, that I have heard of, pretended that 
it owes its establishment to any provincial law of oin- own 
making. Nor indeed, is there the least ground for such a 
supposition. The acts that establish a ministry in this, and 
three other counties, do not affect the whole colony ; and 
therefore, can by no means be urged in support of a general 
establishment. Nor were they originally designed to establish 
the episcopalians in preference or exclusion of any 'other pro- 
testants in those counties to which they are limited. But as 
the proposition is, that the establishment of the church of 
England is equally binding here, as in England, so agreeable 
thereto, the arguments they adduce are the following : 

First, That as we are an English colony, the constitu- 
tional law? of our mother ronnlrv, antecedent to the 



340 APPENDIX. 

legislature of our own, are binding upon us ; and therefore, at 
the planting of this colony, the English religious establish- 
ment immediately took place. 

Secondly^ That the act which established the episcopal 
church in South Britain, previous to the union of England 
and Scotland, extends to, and equally affects, all the colonies. 

These are the only arguments that can be offered with 
the least plausibility, and if they are shown to be inconclu- 
sive, the position is disproved, and the arguments of con- 
sequence must be impertinent and groundless. I shall begin 
with the examination of the first : and here it must be con- 
fessed, for undoubted law, that every new colony, till it has 
a legislature of its own, is, in general, subject to the laws of 
the country from which it originally sprang. But that all 
of them, without distinction, are to be supposed binding upon 
such planters, is neither agreeable to law nor reason. The 
laws which they carry with them, and to which they are 
subject, are such as are absolutely necessary to answer the 
original intention of our entering into a state of society — 
such as are requisite, in their new colony state, for the ad- 
vancement of their and the general prosperity ; such, with- 
out which they will neither be protected in their lives, 
liberty, or property : and the true reason of their being con- 
sidered, even subject to such laws, arises from the absolute 
necessity of their being under some kind of government, 
their supporting a colony relation and dependence, and the 
evident fitness of their subjection to the laws of their mother 
country, with which alone they can be supposed to be ac- 
quainted. Even at this day we extend every general act of 
parliament which we think reasonable and fit for us, though 
it was neither designed to be a law upon us, nor has words 
to include us, and has even been enacted long since we had 
a legislature of our own. This is a practice we have intro- 
duced for our conveniency ;* but that the English laws, 30 

* This practice is very dangerous, and is assuming little less than a legislative 
authoritv. 



APPENDIX. o41 

far as I have distinguished them, should be binding upon us, 
antecedent to oui' having a legislature of our own, is of abso- 
lute unavoidable necessity. But no such necessity can be 
pretended, in favour of the introduction of any religious esta- 
blishment whatsoever ; because, it is evident that different 
societies do exist with different ecclesiastical laws, or, which 
is sufficient to my purpose, without such as the English esta- 
blishment ; and that civil society, as it is antecedent to any 
ecclesiastical establishments, is in its nature unconnected 
with them, independent of them, and all social happiness 
completely attainable without them. 

Secondly, To suppose all the laws of England, without 
distinction, obligatory upon every new colony at its implan- 
tation, is absurd, and would effectually prevent the subjects 
from undertaking so hazardous an adventure. Upon such a 
supposition a thousand laws will be introduced, inconsistent 
with the state of a new country, and destructive of the 
planters. To use the words of the late attorney-general, sir 
Dudley Ryder,* " It would be acting the part of an unskilful 
physician, who should prescribe the same dose to every pa- 
tient, without distinguishing the variety of distempers and 
constitutions." According to this doctrine, we are subject 
to the payment of tithes, ought to have a spiritual court, and 
impoverished, as the first settlers of the province must have 
been, they were yet liable to the payment of the land tax. 
And had this been the sense of our rulers, and their conduct 
conformable thereto, scarce ever would our colonies have 
appeared in their present flourishing condition ; especially if 
it be considered, that the first settlers of most of them, sought 
an exemption in these American wilds, from the establish- 
ment to which they were subject at home. 

Thirdly, If the planters of every new colony carry with them 
the established religion of the country from whence they 
migrate ; it follows, that if a colony had been planted when 



* Afterwards lord chief justice of the King's Bench. Tliese were his words, 
in an opinion against the extent of the statute of frauds and perjurieF. 



'Mii APPENDIX. 

the English nation were pagans, the estabhshnient in such 
colony must be paganism alone : and, in like manner, had 
this colony been planted virliile popery was established in 
England, the religion of papists must have been our esta- 
blished religion ; and if it is our duty to conform to the reli- 
gion established at home, we are equally bound, against 
conscience and the bible, to be pagans, papists, or protest- 
ants, according to the particular religion they shall please to 
adopt. A doctrine that can never be urged, but with a very 
ill grace indeed, by any protestant minister ! 

Fourthly, If the church of England is established in this 
colony, it must either be founded on acts of parliament, or 
the common law. That it is not established by the first, I 
shall prove in the sequel ; and that it cannot be established 
by the common law, appears from the following considera- 
tions : 

The common law of England, properly defined, consists 
of those general laws to which the English have been accus- 
tomed from time whereof there is no memory to the contrary; 
and every law deriving its validity from such immemorial 
custom, must be carried back as far as to the reign of Richard 
I. whose death happened on the 6th of April, 1199. But 
the present establishment of the church of England was 
not till the fifth year of queen Anne. And hence it is appa- 
rent, that the establishment of the church of England can 
never be argued from the common law, even in England ; 
nor could be any part of it, since it depends not for its vali- 
dity upon custom immemorial. And therefore, though it be 
admitted, that every English colony is subject to the common 
law of the realm, it by no means follows, that the church of 
England is established in the colonies ; because the common 
law knows of no such religious establishment, nor considers 
any religious establishment whatever, as any part of the 
English constitution. It does, indeed, encourage religion; 
but that, and a particular church government, are things 
entirely differenf. 

I proceed now to a consideration of (lie second argument 



APPENDIX. 343 

insisted on to prove an episcopal establishment in the colo- 
nies, founded on the act which established the church of 
England, passed in the fifth year of queen Anne, recited and 
ratified in the act for a vniion of the two kingdoms of 
England and Scotland. And that this act does not establish 
the church of England in the colonies, has been so fully 
shown by Mr. Hobart,* in his second address to the episco- 
pal separation in New-England, that I shall content myself 
with an extract from the works of that ingenious gentle- 
man, which, with very little alteration is as follows : 

" The act we are now disputing about, was made in the 
fifth year of queen Ann, and is entitled, an act for securing 
the church of England as by law established. The occasion 
of the statute was this : The parliament in Scotland, when 
treating of a union with England, were apprehensive of its 
endangering their ecclesiastical establishment. Scotland 
was to have but a small share in the legislature of Great 
Britain — but forty-five members in the house of commons, 
which consists of above five hundred, and but sixteen in the 
house of lords, which then consisted of near an hundred, 
and might be increased by the sovereign at pleasure. The 
Scots, therefore, to prevent having theiV ecclesiastical esta- 
blishment repealed in a British parliament, where they might 
be so easily out-voted by the English members, passed an 
act previous to the union, establishing the presbyterian 
cliurch within the kingdom of Scotland, in perpetuity, and 
made this act an essential and fundamental part of the union 
which might not be repealed, or altered by any subsequent 
British parliament ; and this put the English parliament 
upon passing this act for securing the church of England, 
Neither of them designed to enlarge the bounds of their 
ecclesiastical constitution, or extend their establishment 
farther than it reached before, but only to secure and perpe- 
tuate it in its then present extent. This is evident, not only 
from the occasion of the act, but from the charitable terapei 

* A minister of one of the clmrches,a.t Fairfield, in Conned icnt. 



344 APPENDIX. 

the English parliament was under the influence of, when 
they passed it. The lord North and Grey offered a rider to 
be added to the bill for an union, viz. That it might not ex- 
tend to an approbation or acknowledgement of the truth of 
the presbyterian way of worship, or allowing the religion of 
the church of Scotland to be what it is styled, the true pro- 
testant religion. But this clause was rejected. A parlia- 
ment that would acknowledge the religion of the church of 
Scotland, to be the true protestant religion, and allow their 
acts to extend to an approbation of the presbyterian way of 
worship, though they might think it best to secure and per- 
petuate the church of England within those bounds, wherein 
it was before established, can hardly be supposed to have 
designed to extend it beyond them. 

" The title of the act is exactly agreeable to what we have 
said of the design of it, and of the temper of the parliament 
that passed it. It is entitled, an act not for enlarging but 
for securing the church of England, and that not in the . 
American plantations, but as it is no\y by law established ; 
which plainly means no more than to perpetuate it within its 
ancient boundaries. 

"The provision made in the act itself, is well adapted to 
this design ; for it enacts, that the act of the 13th of Eliza- 
beth, and the act of uniformity, passed in the 13th year of 
Charles II. and all and singular other acts of parliament then 
in force for the establishment and preservation of the church 
of England, should remain in full force for ever ; and that 
every succeeding sovereign should, at his coronation, take 
and subscribe an oath to maintain and preserve inviolably 
the said settlement of the church of England, as by law 
established, within the kingdoms of England and Ireland, 
the dominion of Wales, and town of Berwick upon Tweed, 
and the territories thereunto belonging. This act doth not 
use such expressions, as would have been proper and even 
necessary, had the design been to have made a new esta- 
blishment ; but only such as are proper to ratify and confirm 
?n old one. The settlement, which the king is sworn to pre- 



serve, is represented as existing previously to the passing 
this act, and not as made by it. The words of the oath 
are, to " maintain and preserve inviolably the said settle- 
ment." If it be asked, what settlement 1 the answer must 
be, a settlement heretofore made and confirmed by certain 
statutes, which for the greater certainty and security are 
enumerated in this act, and declared to be unalterable. 
This is the settlement the king is sworn to preserve, and 
this settlement has no relation to us in America. For the 
act, which originally made it, did not reach hither ; and this 
act, which perpetuates them, does not extend them to us." 

It is a mistake to imagine, that the word territories 
necessarily means these American colonies. " These coun- 
tries are usually in law, as well as other writings, styled 
colonies or plantations, and not territories. An instance of 
this we have in the charter to The Society for propagating the 
gospel in foreign parts.^^ And it is the invariable practice of 
the legislature in every act of parliament, both before and 
after this act, designed to affect us, to use the words colonies, 
or plantations. Nor is it to be supposed, that, in so 
important a matter, words of so direct and broad an intent, 
would have been omitted. " The islands of Jersey and 
Guernsey were properly territories belonging to the kingdom 
of England before the union took place ; and they stand in 
the same relation to the kingdom of Great Britain since. 
The church of England was established in these islands, 
and the legislature intended to perpetuate it in them as well 
as in England itself; so that as these islands were not 
particularly named in the act, there was occasion to use the 
word territories, even upon the supposition that they did not 
design to make the establishment more extensive than it 
was before the law passed." Further, in order to include 
the plantations in the word territories, we must suppose it 
always to mean every other part of the dominions not 
particularly mentioned in the instrument that uses it, which 
is a construction that can never be admitted : for, hence it 
will follow, that those commissions which give the govern- 

voL. 1—44. 



346 APPENDIX. 

iiient of a colony, and the territories thereon depending, in 
America, (and this is the case of every one of them) extend 
to all the American colonies, and their governors must of 
consequence have reciprocal superintendencies; and should 
any commission include the word territories generally, unre- 
stricted to America, by the same construction, the governor 
therein mentioned, might exercise an authority under it not 
only in America, but in Africa and the Indies, and even 
in the kingdom of Ireland, and perhaps, in the absence of 
the king, in Great Britain itself. Mr. Hobart goes on, and 
argues against the establislunent from the light in which 
the act of union has, ever since it was passed, been consi- 
dered. 

Dr. Bisse, bishop of Hereford, (says he) a member of the 
society, preached the annual sermon, February 21st, 1717, 
ten years after the act of union took place ; and he says, 
it would have well become the wisdom wherewith that 
great work (the reformation or establishment of the church 
of England,) was conducted in this kingdom, that this 
foreign enterprise, (the settlement of plantations in America,) 
also should have been carried on by the government in the 
like regular way. But he owns the government at home 
did not interpose in the case, or establish any form of religion 
for us. In truth (says his lordship) the whole was left to 
the wisdom of the first proprietors, and to the conduct of 
every private man. He observes, that of late years the 
civil interest hath been regarded, and the dependance of the 
colonies, on the imperial crown of the realm, secured : but 
then, with regard to the religion of the plantations, his 
lordship acknowledges that the government itself here, at 
home, sovereign as it is, and invested doubtless with suffi- 
cient authority there, hath not thought fit to interpose in 
this matter, otherwise than in this charitable way : it hath 
enabled us to ask the benevolence of all good christians to- 
wards the support of missionaries to be sent among them. 
Thus bishop Bisse thought as I do, and that the act of 
union nor any other law prior thereto, did extend the efto- 



APPENDIX. " 347 

blishiiieiil 10 the plantations; and if the society had not 
been of the same opinion, they would hardly have printed 
and dispersed his sermon. Neither did the civil rulers of 
the nation, who may justly be supposed acquainted with its 
laws, think the act of union, or any other law, established 
the church of England in America. This is plain from the 
letter of the lords justices to governor Dummer, in the year 
1725, almost twenty years after the union, Avherein they saj', 
there is no regular establishment of any national or provincial 
church in these plantations. 

" If it be urged, that the king's commission to the late 
bishop of London, proves an ecclesiastical establishment 
here, it is sufficient to answer, that his lordship was remark- 
able for skill in the laws, so far as they relate to ecclesiastical 
affairs, as appears from his Codex ; and he was of the con- 
trary opinion, for in his letter to Dr. Colman, of May 24, 
1735, he writes thus : "My opinion has always been, that 
the religious state of New England is founded in an equal 
liberty to all protestants — none of which can claim the 
name of a national establishment, or any kind of superiority 
over the rest." This opinion the bishop gave not only since 
the act of union, but even seven years after he had received 
his commission, and surely it must be admitted, that as he 
had time enough to consider it, so he, of all others, l)est vm- 
derstood it." Thus far Mr, Hobart. With respect to the 
act of union, I beg leave only to subjoin, that it is highly 
probable the Scotch parliament believed the English intended 
to establish their church only in England. For in the close 
of the act, by v/hich they had established the presbyterian 
church in Scotland, it is declared in these express words, that 
the parliament of England may provide for the security of 
the church of England, as they think expedient, to take 
place within the boimds of the said kingdom of England. 
And whatever latitude the word kingdom has in common 
speech, it, in a legal sense, is limited to England, properly 
so called, and excludes the plantations. 

Nor cnn we suppose, that iho clinich of England is 



64S APPENDIX. 

established in these colonies, by any acts prior to the act of 
union above considered. For besides the several opinions 
against such supposition already adduced, it is unreasonable 
to imagine, that if there was any such establishment, king 
Charles II. in direct repugnancy thereto, should have made 
the grant of Pennsylvania, and given equal privileges to all 
religions in that province, without even excepting the 
Roman catholics ; and that the colonies of Rhode-Island, 
Connecticut, and the Massachusett's Bay, should be permit- 
ted to make their provincial establishments, in opposition to 
an antecedent establishment of the church of England, espe- 
cially, as the laws of the Massachusett's Bay province are 
constantly sent home, and the king has the absolute power 
of repealing every act he should think improper to be 
continued as a law. Whoever, therefore, considers this, and 
that the king is sworn to preserve the church of England 
establishment, must necessarily conclude, that whatever 
sentiments may obtain among the episcopalians in America, 
our kings and their councils have always conceived that 
such establishment could by no means be extended to us. 
As to Connecticut, all the episcopalians of that colony, and 
even their ministers, were legally compellable to contribute 
to an annual tax for the support of the congregational clergy, 
till of late they were favoured with a law which grants them 
a privilege of exemption from that iniquitous and imreason- 
able burden. But whether they are subject to the like 
unchristian imposition in the other colonies above mentioned, 
I am not sufficiently acquainted with their laws to deter- 



mine.* 

The 13th number of the Watch Tower published at New- 
York, in 1755, espouses the same side with the author of the 
Reflector, adds several new arguments and the opinions of 
eminent counsel at law, and considers the force of what is 

* I believe there is no just cause for the complaints transmitted by the mis- 
sionaries. Dr. Douglass assigns several instances of gross misrepresentations 
and falsehoods. — Vid. his Summary, 2d vol. p. 139. Boston edit. 1753. and the 
Watf h Tower. No. XLI, published at New-York, in 1 ir^r,. 



Al'PENDlX. ri4H 

advanced by the late Dr. Douglass in favour of his position, 
that the religious state of the American plantations is an 
universal toleration of protestants of every denomination. 

The clergy of this province are, in general, but indiffer- 
ently supported ; it is true they live easily, but few of them 
leave any thing to their children. The episcopal missiona- 
ries, for enlarging the sphere of their secular business, not 
many years ago attempted, by a petition to the late governor 
Clinton, to engross the privilege of solemnizing all marriages. 
A great clamour ensued, and the attempt was abortive. 
Before that time the ceremony was even performed by 
justices of the peace, and the judges at law have determined 
such marriages to be legal. The governor's licenses now 
run to " All protestant ministers of the gospel." Whether 
the justices act still, when the banns are published in our 
churches, which is customary only with the poor, I have 
not been informed. Marriage in a new country ought to 
have the highest encouragements, and it is on this account, 
perhaps, that we have no provincial law against such as 
are clandestine, though they often happen, and, in some 
cases, are attended with consequences equally melancholy 
and mischievous. 

As to the number of our clergymen, it is large enough ai, 
present, there being but few settlements unsupplied with a 
ministry, and some superabound. In matters of religion we 
are not so intelligent, in general, as the inhabitants of the 
New-England colonies ; but both in this respect and good 
jnorals, we certainly have the advantage of the southern pro- 
vinces. One of the king's instructions to our governors, 
recommends the investigation of means for the conversion 
of negroes and Indians, An attention to both, especially the 
latter, has been too little regarded. If the missionaries of 
the English Society for propagating the gospel, instead of 
being seated in opulent christianized towns, had been sent 
out to preach among the savages, unspeakable political 
advantages would have flowed from such a salutary mea- 
sure. Dr. Douglass, a sensible, immethodical writer, often 



•^^<* Ai-l'f;.M)lX. 

incorrect, expects too much:* besides, he treats the missiona- 
ries with rudeness and contempt, and lashes their indolence 
with nnmercifnl acrimony. 



CHAPTER V, 



THE POLITICAL STATE. 



This colony, as a part of the king's dominions, is subject 
to the control of the British parliament, but its more imme- 
diate government is vested in a governor, council, and 
general assembly. 

The governors in chief, who are always appointed by the 
king's commission under the great seal of Great Britain, 
enjoy a vast plenitude of power, as may be seen in their pa- 
tents, which are nearly the same. The following is a copy 
of that to the late sir Danvcrs Osborn. 

George II. by the grace of God, of Great Britain, France 
and Ireland, king, defender of the faith, and so forth. To 
our trusty and well beloved sir Danvers Osborn baronet, greet- 
ing, whereas we did by our letters patent under our great 
seal of Great-Britain, bearing date at Westminster, the third 
day of July, in the fifteenth year of our reign, constitute and 
appoint the honourable George Clinton esq. captain general 
und governor in chief in and over our province of New-York, 
and the territories depending thereon in America, for and 
during our will and pleasure, as by the said recited letters 
patent, (relation being thereunto had) may more fully and 
at large appear. Now know 5rou that w^e have revoked and 

■■!■■ u Our young missionaries may procure a perpetual alliance, and commercial 
advantages witli the Indians, which the Roman catholic clergy cannot do, 
because they are forbid to marry. I mean our missionaries may intermarry with 
the daughters of the Sachems,and other considerable Indians, and their progeny 
will forever be a certain cement between us and the Indians." Dougl. Sum. 
.^'c. Vol. TT. p. 138. Boston Edit. 175^. 



APPEMit.X. 



351 



determiued, and by these presents do revoke and determine, 
the said recited letters patent, and every clause, article, and 
thing therein contained. And further know you, that we 
reposing especial trust and confidence in the prudence, 
courage, and loyalty, of you, the said sir Danvers Osborn, 
of our especial grace, certain knowledge, and mere motion, 
have thought fit to constitute, and appoint you, the said 
sir Danvers Osborn, to be our captain general, and governor 
in chief in and over our province of New-York, and the territo- 
ries depending thereon in America, and we do hereby require, 
and command you to do and execute all things in due man- 
ner, that shall belong unto your said coinmand and the trust. 
we have reposed in you, according to the several powers and 
directions granted or appointed you by this present com- 
mission, and the instructions herewith given you, or by such 
further powers, instructions and authorities, as shall at any 
time hereafter be granted or appointed you, under our signet 
and sign manual, or by our order in our privy council, and 
according to such reasonable laws and statutes as now are 
in force, or hereafter shall be made and agreed upon by you, 
with the advice and consent of our council, and the assembly 
of our said province under your government, in such manner 
and form as is hereafter expressed, and our will and pleasure 
is that you, the said sir Danvers Osborn, after the publica- 
tion of these our letters patent, do in the first place, take the 
oaths appointed to be taken by an act passed in the first 
year of our late royal father's reign, entitled an act for the 
further security of his majesty's person and government, 
and the succession of the crown in the heirs of the late 
princess Sophia, being protestants, and for extinguishing 
the hopes of the pretended prince of Wales, and his open 
and secret abettors, as also that you make and subscribe the 
declaration mentioned in an act of parliament, made in the 
twenty-fifth year of the reign of king Charles II. intituled 
an act for preventing dangers which may happen from 
popish recusants, and likewise that you take the usual oath 
for the duo execution of the office and trust of our captain 



3d2 JiFPENDIX. 

general, and governor in chief in and over our said province 
of New-York, and the territories depending thereon, for the 
due and impartial administration of justice, and further that 
you take the oath required to be taken by governors of 
plantations, to do their utmost that the several laws relating 
to trade and the plantations be observed, which said oaths 
and declaration our council in our said province, or any 
three of the members thereof, have hereby full power and 
authority and are required to tender and administer unto 
you and in your absence to our lieutenant-governor if there 
be any upon the place, all which being duly performed you 
shall administer unto each of the members of our said 
council as also to our lieutenant-governor if there be any 
upon the place the oaths mentioned in the said act entituled 
an act for the further security of his majesty's person and 
government, and the succession of the crown in the heirs of 
the late princess Sophia, being protestants, and for extin- 
guishing the hopes of tlie pretended prince of Wales and his 
open and secret abettors, as also to cause them to make and 
subscribe the aforementioned declaration and to administer 
to them the oath for the due execution of their places and 
trusts. And we do hereby give and grant unto you full 
power and authority to suspend any of the members of our 
said council from sitting voting and assisting therein, if you 
shall find just cause for so doing, and if there shall be any 
lieutenant-governor him likewise to suspend from the execu- 
tion of his command, and to appoint another in his stead 
until our pleasure be known, and if it shall at any time 
happen that by the death departure out of our said province or 
suspension of any of our said councillors or otherwise there 
shall be a vacancy in our said council (any three whereof 
we do hereby appoint to be a quorum) our will and pleasure 
is that you signify the same unto us by the first opportunity, 
that we may under our signet and sign manual constitute and 
appoint others in their stead. But that our affairs may not 
suffer at that distance for want of a due number of council- 
lors if ever it should happen ^hnt ihere be les:^ than peven 



APPENDIX. 353 

ol them residing- in our said province we do hereby give and 
grant unto you the said sir Danvers Osborn full power and 
authority to choose as many persons out of the principal 
freeholders inhabitants thereof as will make up the full 
number of our said council to be seven and no more, which 
persons so chosen and appointed by you shall be to all 
intents and purposes coiincillors in our said province until 
either they shall be confirmed by us or that by the nomina- 
tion of others by us under our sign manual and signet our 
said council shall have seven or more persons in it. And 
we do hereby give and grant unto you full power and 
authority with the advice and consent of our said council 
from time to time as need shall require to summon and call 
general assemblies of the said freeholders and planters 
within your government according to the usage of our 
province of New-York. And our will and pleasure is that 
the persons thereupon duly elected by the major part of the 
freeholders of the respective counties and places and so 
returned shall before their sitting take the oaths mentioned 
in the said act intitled an act for the further security of his 
majesty's person and government and the succession of the 
crown in the heirs of the late princess Sophia being protes- 
tants and for extinguishing the hopes of the pretended 
prince of Wales and his open and secret abettors as also 
make and subscribe the aforementioned declaration (which 
oaths and declarations you shall commissionate fit persons 
under our seal of New- York to tender and administer unto 
them) and until the same shall be so taken and subscribed 
no person shall be capable of sitting though elected. And 
we do hereby declare that the persons so elected and 
qualified shall be called and deemed the general assembly 
of that our province and the territories depending thereon. 
And you the said sir Danvers Osborn by and with the 
consent of our said council and assembly or the major part 
of them respectively shall have full power and authority to 
make constitute and ordain laws statutes and ordinances 
for the public peace welfare and good sfovernment of our 

VOL. i.^ — 45 



S54 APPCNDiX. 

said province and of the people and inhabitants thereof and 
such others as shall resort thereto and for the benefit of us 
our heirs and successors, which said laws statutes and 
ordinances are not to be repugnant but as near as may be 
agreeable to the laws and statutes of this our kingdom of 
Great Britain, provided that all such laws statutes and 
ordinances of what nature or duration soever, be within 
three months or sooner after the making thereof transmitted 
unto us under our seal of New-York for our approbation or 
disallowance of the same as also duplicates thereof by the 
next conveyance and in case any or all of the said laws 
statutes and ordinances being not before confirmed by us 
shall at any time be disallowed and not approved and so 
signified by us our heirs or successors under our or their 
sign manual and signet or by order of our or their privy 
council unto you the said sir Danvers Osborn or to the 
commander-in-chief of our said province for the time being 
then such and so many of the said laws statutes and ordi- 
nances as shall be so disallowed and not approved shall from 
thenceforth cease determine and become utterly void and of 
none effect any thing to the contrary thereof notwithstanding. 
And to the end that nothing may be passed or done by our 
said council or assembly to the prejudice of us our heirs or 
successors we will and ordain that you the said sir Danvers 
Osborn shall have and enjoy a negative voice in the making 
and passing of all laws statutes and ordinances as aforesaid, 
and you shall and may likewise from time to time as you 
shall judge it necessary adjourn prorogue and dissolve all 
general assemblies as aforesaid. And our further will and 
pleasure is that you shall and may use and keep the public 
seal of our said province of New-York for sealing all things 
whatsoever that pass the great seal of our said province 
under your government. And we do further give and grant 
unto you the said sir Danvers Osborn full power and 
authority from time to time and at any time hereafter by 
yourself or by any other to be authorized by you in that 
behalf to administer and give the aforementioned oaths in 



all and every such peisoii and persons sis you shall think fit 
who shall at any time or times pass into our said province 
or shall be resident or abiding there. And we do further by 
these presents give and grant unto you the said sir Danvers 
Osborn full power and authority with the advice and con- 
sent of our said council to erect constitute and establish 
such and so many courts of judicature and public justice 
within our said .province under your government as you and 
they shall think fit and necessary for the hearing and 
determining of all causes as well criminal as civil according 
to law and equity, and for awarding execution thereupon with 
all reasonable and necessary powers authorities fees and 
privileges belonging thereunto as also to appoint and commis- 
sionate fit persons in the several parts of your government to 
administer the oaths mentioned in the aforesaid act in titled 
an act for the further security of his majesty's person and 
government and the succession of the crown in the heirs of 
the late princess Sophia being protestants and for extinguish- 
ing the hopes of the pretended prince of Wales and his open 
and secret abettors as also to tender and administer the 
aforesaid declaration unto such persons belonging to the 
said courts as shall be obliged to take the same. And we 
do hereby authorize and impower you to constitute and 
appoint judges and in cases requisite commissioners of oyer 
and terminer justices of the peace and other necessary officers 
and ministers in our said province for the better adminis- 
tration of justice and putting the laws in execution, and to 
administer or cause to be administered unto them such 
oath or oaths as are usually given for the due execution and 
performance of offices and places and for the clearing of 
truth in judicial causes. And we do hereby give and grant 
unto you full power and authority where you shall see 
caiqise or shall judge any offender or offenders in criminal 
matters or for any fines or forfeitures due unto us, fit objects 
of our mercy, to pardon all such offenders and to remit all 
such offences fines and forfeitures (treason and wilful 
murder only excepted) in Avhich cases you shall likewifje 



Soii APPENDIX. 

have power upon extraordinary occasions to grant reprieves 
to the offenders until and to the intent our royal pleasure 
may be known therein. 

And we do by these presents authorize and impower you 
to collate any person or persons, to any churches, chapels, or 
other ecclesiastical benefices, within our said province and 
territories aforesaid as often as any of them shall happen to 
be void. And we do hereby give and grant unto you, the 
said sir Danvers Osborn, by yourself, or by your captains 
and commanders, by you to be authorized, full power and 
authority to levy, arm, muster, command, and employ, all 
persons whatsoever residing within our said province of 
New-York, and other the territories under your government, 
and, as occasion shall serve, to march from one place to 
another, or to embark them for the resisting and withstand- 
ing of all enemies, pirates and rebels, both at sea and land, 
and to transport such forces as any of our plantations in 
America, if necessity shall require, for the defence of the 
same against the invasions or attempts of any of our enemies, 
and such enemies, pirates and rebels, if there shall be occa- 
sion to pursue and prosecute, in or out of the limits of our 
said province and plantations, or any of them, and if it shall 
so please God, them to vanquish, apprehend and take, and 
being taken, either according to law to put to death, or keep 
and preserve alive at your discretion, and to execute martial 
law in time of invasion, or other times when by law it may 
be executed, and to do and execute, all, and every other 
thing and things, which to our captain-general, and go- 
vernor-in-chief, doth, or ought of right to belong. And we do 
hereby give, and grant unto you, full power and authoritj^, 
by and with the advice and consent of our said council, to 
erect, raise, and build, in our said province of New-York, 
and the territories depending thereon, such, and so many 
forts and platforms, castles, cities, boroughs, towns and forti- 
fications, as you by the advice aforesaid shall judge 
necessary, and the same, or any of them, to fortify and 
furnish witli ordnance, ammunition, and all sorts of arms. 



APPLiNDlX. 357 

lit and necessary for the security and defence of our said 
province, and by the advice aforesaid, the same again, or 
any of them to demohsh or dismantle as may be most con- 
venient. And forasmuch as divers mutinies and disorders may 
happen by persons shipped and employed at sea during the 
time of war, and to the end that such as shall be shipped 
and employed at sea during the time of war may be better 
governed and ordered, we do hereby give, and grant unto 
you, the said sir Danvers Osborn, full power and authority 
to constitute and appoint captains, lieutenants, masters of 
ships, and other commanders and officers and to grant to 
such captains, lieutenants, masters of ships and other 
commanders and officers commissions to execute the law 
martial during the time of war, according to the direc- 
tions of two acts, the one passed in the thirteenth year of 
the reign of king Charles the second, entituled an act 
for the establishing articles and orders for the regulating 
and better government of his majesty's navies ships of war 
and forces by sea, and the other passed in the eighteenth 
year of our reign, entituled an act for the further regulating 
and better government of his majesty's navies ships of war 
and forces by sea, and for regulating proceedings upon 
courts martial in the sea service, and to use such proceed- 
ings, authorities, punishments, corrections, and executions, 
upon any offender, or offenders, who shall be mutinous, sedi- 
tious, disorderly, or any way unruly, either at sea, or during 
the time of their abode or residence in any of the ports, 
harbours, or bays of our said province and territories, as the 
case shall be found to require according to the martial law, 
and the said direction during the time of war as aforesaid, 
provided that nothing herein contained shall be construed 
lo the enabling you or any by your authority to hold plea 
or have any jurisdiction of any offences, cause, matter, or 
thing, committed or done upon the high sea, or within any 
of the havens, rivers, or creeks, of our said province and 
territories under your government, by any captain, com- 
mander, lieutenant, master, officer, seaman, soldier, or other 



358 AtehUbix. 

pefson whatsoever, who shall be in our actual service and 
pay in or on board any of our ships of war or other vessels 
acting by immediate commission or warrant from our com- 
missioners for executing the office of our high admiral, or 
from om* high admiral of Great Britain, for the time being- 
under the seal of our admiralt}?^, but that such captain, com- 
mander, lieutenant, master, officer, seaman, soldier, or other 
person so offending, shall be left to be proceeded against and 
tried as their offences shall require, either by commission 
under our great seal of Great Britain as the statute of the 
twenty-eighth of Henry the eighth directs, or by commission 
from our said commissioners for executing the office of our 
high admiral, or from our high admiral of Great Britain for 
the time being according to the aforementioned acts. Pro- 
vided nevertheless, that all disorders and noisdemeanors 
committed on shore by any captain, commander, lieutenant, 
master, officer, seaman, soldier, or other person whatsoever 
belonging to any of our ships of war, or other vessels acting 
by immediate commission or warrant from our said commis- 
sioners for executing the office of our high admiral, or from 
our high admiral of Great Britain for the time being under 
the seal of our admiralty, may be tried and punished accord- 
ing to the laws of the place where any such disorders, 
offences, and misdemeanors shall be committed on shore, 
notwithstanding such offenders be in our actual service, and 
born in our pay, on board any such our ships of war, or other 
vessels acting by immediate commission or warrant from our 
said commissioners for executing the office of our high 
admiral, or from our high admiral of Great Britain, for the 
time being as aforesaid so as he shall not receive any pro- 
tection for the avoiding of justice for such offences committed 
on shore from any pretence of his being employed in our 
service at sea. 

And our further will and pleasure is that all public monies 
raised, or which shall be raised by any act, to be hereafter 
made within our said province, and other the territories 
depending thereon, be issued out by wari*ant from you, by 



APPENDIX. 35J* 

and with the advice and consent of our council, and disposed 
of by you, for the support of the government, and not other- 
wise. And we do hereby hkewise give and grant unto you 
full power and authority, by and with the advice and con- 
sent of our said council, to settle and agree with the inha- 
bitants of our province and territories aforesaid, for such 
lands, tenements and hereditaments, as now are, or hereafter 
shall be in our power to dispose of, and them to grant to any 
person or persons upon such terms, and under such moderate 
quit-rents, services and acknowledgments to be thereupon 
reserved unto us as you, by and with the advice aforesaid, 
shall think fit, which said grants are to pass and be sealed 
by our seal of New-York, and being entered upon record by 
such officer or officers as are, or shall be appointed thereunto, 
shall be good and effectual in the law against us, our heirs 
and successors. And we do hereby give you the said Sir 
Danvers Osborn full power to order and appoint fairs, marts 
and markets, as also such and so many ports, harbours, bays, 
havens and other places for the convenience and security of 
shipping, and for the better loading and unloading of goods 
and merchandises as by you, with the advice and consent of 
our said council, shall be thought fit and necessary. And 
we do hereby require and command all officers and ministers, 
civil and military, and all other inhabitants of our said pro- 
vince, and territories depending thereon, to be obedient, aiding 
and assisting unto you, the said sir Danvers Osborn, in the 
execution of this our commission, and the powers and 
authorities herein contained, and in case of your death or 
absence out of our said province, and territories depending 
thereon, to be obedient aiding and assisting unto such person 
as shall be appointed by us to be our lieutenant-governor, or 
commander-in-chief of our said province, to whom we do, 
therefore, by these presents give and grant all and singular 
the powers and authorities herein granted, to be by him 
executed and enjoyed during our pleasure or until your 
arrival within our said province and territories, and if upon 
your death or absence out of our said province and territories* 



;360 APPENDIX. 

depending' thereon, there be no person upon the place com- 
missionated or appointed by us to be our lieutenant-governor 
or commander-in-chief of our said province, our will and 
pleasure is, that the eldest counsellor, whose name is first 
placed in our said instructions to you, and who shall at the 
time of your death or absence be residing within our said 
province of New-York, shall take upon him the administra- 
tion of the government and execute our said commission and 
instructions, and the several powers and authorities therein 
contained, in the same manner and to all intents and pur- 
poses, as other our governor and commander-in-chief of our 
said province, should or ought to do in case of your absence, 
until your return, or in all cases until our further pleasure be 
known therein, and we do hereby declare, ordain and appoint, 
that you, the said sir Danvers Osborn, shall and may hold, 
execute and enjoy the office and place of our captain general 
and governor-in-chief, in and over our province of New- 
York, and the territories depending thereon, together with 
all and singular the powers and authorities hereby granted 
unto you for and during our will and pleasure. And whereas 
there are divers colonies adjoining to our province of New- 
York for the defence and security whereof it is requisite that 
due care be taken in time of war we have therefore thought 
it necessary for our service and for the better protection and 
security of our subjects inhabiting those parts to constitute 
and appoint and we do by these presents constitute and 
appoint you the said sir Danvers Osborn to be our captain 
general and commander-in-chief of the militia and of all the 
forces by sea and land within our colony of Connecticut and 
of all our forts and places of strength within the same and 
for the better ordering governing and ruling our said militia 
and all our forces forts and places of strength within our 
said colony of Connecticut we do hereby give and grant 
unto you the said sir Danvers Osborn and in your absence 
to our commander-in-chief of our province of New-York all 
and every the like powers as in these presents are before 
granted ajid recited for the ruling governins" and ordering 



our militia and all our forces forte and places of slrengtli 
within our province of New-York to be exercised by you the 
said Sir Danvers Osborn and in your absence from our terri- 
tories and dominion of New-York by our commander-in-chief 
of our province of New- York within our said colony of Con- 
necticut for and during our pleasure. In witness whereof 
we have caused these our letters to be made patent witness 
ourself at Westminster the first day of August in the twenty- 
f^eventh year of our reign. 

By writ of privy seal, 

YORKE AND YORKE. 

The instructions, received with the commission, are ex- 
planatory of the patent, and regulate the governor's conduct 
on almost every common contingency.* 

The salary generally granted to the governor by the 
instructions is jC1200 sterling out of the revenue here ; but 
that being an insufficient fund, the assembly in lieu of 
it, give him annually £1560 currency. The perquisites 
perhaps amount to as much more. 

This office was formerly very lucrative, but becomes daily 
less considerable, because almost all the valuable tracts of 
land are already taken up. 

The council, when full, consists of twelve members ap- 
pointed by the King's mandamus and sign manual. All 
their privileges and powers are contained in the instructions. 
They are a privy council to the governor, in acts of civil 
government ; and take the same oath administered to the 
King's council in England. The tenure of their places is 
extremely precarious, and yet their influence upon the pub- 
lic measures very considerable. In the grant of all patents 
the governor is bound to consult them, and regularly they 
cannot pass the seal without their advice. 

* The instructions aro in number above a hundred, and never recorded. 
They are changeable at the King's pleasure, but rarely undergo any very con* 
siderable alteration. 

VOL. n. — 40 



odii APPENDIX. 

They enjoy a legislative power, as the lords do in parlia- 
ment ; and exercise also judicial authority upon writs of 
error and appeals. They are conveyed by the governor, 
and he is always present when they sit as a court or privy 
council, which is ordinarily at the fort. In their legislative 
capacity they meet without the governor, and always at the 
city-hall. They sit according to their seniority, and the 
eldest member present is speaker of their house. In a 
committee the chairman has no voice. They cannot vote by 
proxy, but have the privilege of entering their dissent, and 
the reasons at large, on their minutes. Their proceedings 
are very formal, and in many respects they imitate the 
example of the lords. Their messages to the assembly are 
carried by one of their own members, and the house 
always rises at his entrance and receives them standing. 

The council never publish their legislative minutes, but 
the assembly always print their own votes, nor do either 
of these houses permit strangers to be present at their 
conventions. 

A counsellor's title is the honourable They serve his 
majesty without salaries. The business of the privy council 
board is of late very much increased, and never had so great 
weight in the colony as at present, which is much owing to 
the king's calling lawyers of reputation to the assistance of 
his governors. The present members are the honourable 

Cadwallader Colden, Archibald Kennedy, James 
De Lancey,* lieutenant-governor, Daniel Horsmanden, 
George Clarke, jun. Joseph Murray, John Rutherford, 
Edward Holland, sir William Johnson, bart., John 
Chambers, William Smith. 

The business in council daily encreases, and is now 
become very burdensome, being entirely transacted by a 
few members. Mr. Colden resides in the country ; Mr. 
Clarke in England; Mr. Rutherford, being an officer, moves 

* The office of lieutenant-governor requires no service, except on the death 
or in tlie absence of a govemor-in-chief It gives no rank in council, nor is there 
anv salarv annexed to it. 



APPENDIX. 363 

with the army, and sir William Johnson has his residence 
in the western part of the county of Albany. 

The general assembly consists of twenty-seven represen- 
tatives chosen by the people, in pursuance of a writ of 
summons issued by the governor. 

At the day appointed for their appearance, such as are 
elected convene themselves at the assembly-chamber, in the 
city of New- York ; and, by the clerk of the house, inform 
the governor of their meeting. If they are above thirteen in 
number, some persons (generally the judges of the supreme 
court) are sent to the assembly chamber empowered by a 
commission to take their oaths and subscriptions. They are 
then called before his excellency, who recommends their 
choice of a speaker. For that purpose they again retire, 
and conduct the person they elect into the chair, which is 
seated at the upper end of a long table. After that he is 
presented to his excellency, in the council chamber ; and 
upon his approbation of their choice, which is of course, the 
speaker addresses himself to the governor, and in behalf of 
the house prays, " that their words and actions may have a 
favourable construction, that the members may have free 
access to him, and they and their servants be privileged with 
a freedom from arrests." The governor, after promising 
these things on his part, reads his speech to both houses ; 
and, at the request of the speaker, delivers a copy for the use 
of the assembly. 

I need not enlarge upon the customs of the general 
assembly, for they take the practice of the British House of 
Commons for their model, and vary from them in but very 
few instances. Money bills are not returned to them by the 
council board, as the lords do to the commons ; and yet the 
reasons for this practice are much stronger here than a( 
home. When the governor passes the bill sent up to him, 
both houses are present in the council chamber. It is then 
customary for him to ask the advice of his council witli 
respect to every bill, and he signs them at the foot after 
these words, " I assent to this bill, enacting" the same, and 



364 APPENDIX. 

Older it to be enrolled." After that the acts are pubhshed ia 
the open street, near the City-Hall ; his excellency and the 
two houses being present. 

The daily wages of the representatives, as regulated by 
sundry acts of assembly, are annexed to the following list of 
the present members of the house. 

For the city and county of J^ew-York — Paul Richard, Henry 

Cruger, William Walton, John Watts, esqrs. ; each Qs. 

per diem. 
City and county of Jllbany — Peter Winne, Peter Douw, esqrs. ; 

10*. per diem. 
West-chester county — John Thomas, Frederick Philipse, esqrs. ; 

6*. per diem. 
Suffolk county — Eleazer Miller, William Nicoll, esqrs. ; 9.9. 

per diem. 
Queen's county — David Jones, Thomas Cornel, esqrs. ; 6s. 

per diem. 
King's county — Johannes Lott, Dominicus Vanderveer, esqrs. ; 

6s. per diem. 
Ulster county — Johannes Jansen, Moses De Pew, jun. esqrs. ; 

6s. per diem. 
Richmond county — ^William Walton, Benjamin Seamen, esqrs. ; 

6s. per diem. 
Dutchess county — Henry Beekman, Henry Filkin, esqrs. ; 6*. 

per diem. 
Orange county — Theodorus Snediker, Samuel Gale, esqrs. ; 

6s. per diem. 
Borough of West-chester — Peter De Lancey, esq. ; 10*. per 

diem. 
Township of Schenectady. — Jacobus Mynderse, esq. ; 10s. per 

diem. 
Manor of Renslaerwyck — John B. V. Renslaer, esq. ; IO5. per 

diem. 
Manor of Livingston — Robert Livingston, Jun. esq. ; lOs. per 

diem. 
Manor of Courtlandt — Philip Ver Planck, esq. : 6s. per diem. 



APPEM)IX. 3()5 

The continuance of our assemblies was unlimited, till the 
political struggles, which took rise in Mr. Cosby's administra- 
tion, forced Mr. Clarke, who succeeded him, to pass the act 
restricting them to three years : but this was repealed by the 
king, and a septennial law enacted soon after the arrival of 
governor Clinton, which is still in full force. 

No colony upon the continent has formerly suffered more 
than ours, in the opinion of the king's ministers. This has 
been owing to the ill impressions made by our governors, 
who are scarce ever disengaged from disputes with the 
lower house. Our representatives, agreeably to the general 
sense of their constituents, are tenacious in their opinion, 
that the inhabitants of this colony are entitled to all the pri- 
vileges of Englishmen ; that they have a right to participate 
in the legislative power, and that the session of assemblies 
here, is wisely substituted instead of a representation in par- 
liament, which, all things considered, would, at this remote 
distance, be extremely inconvenient and dangerous. The 
governors, on the other hand, in general, entertain political 
sentiments of a quite different nature. All the immunities 
we enjoy, according to them, not only flow from, but abso- 
lutely depend upon, the mere grace and will of the crown.* 
It is easy to conceive, that contentions must naturally attend 
such a contradiction of sentiments. Most of our disputes, 
however, relate to the support of government. Before lord 
Cornbury's embezzlements, the revenue w^as established for 

*" We are no more than a little corporation. — I would advise these gentlemen 
(assemblies) for the future, to drop those parliamentary airs and style about 
liberty and property, and keep within their sphere, and make the best use they 
can of his Majesty's instructions and commission ; because it would be high trea- 
son to sit and act without it. — This is our charter. If we abuse or make a wicked 
use of his majesty's favours, we are, of them, but tenants at will : we only hold 
them during pleasure and good behaviour." — These are the accurate and 
bright thoughts of the gentleman who published a pamphlet, entitled, "An essay 
on the government of the colonies," in 1 752. Sir WiUiam Jones, attorney-gene- 
ral to James II. was of a very different opinion. For he told the king, " that he 
could no more grant a commission to levy money on his subjects in the planta- 
tions, without their consent by an assembly, than they could discharge them- 
selves from their allegiancpi." Ijfe of sir William Phips. p. 23, 



■J66 APPENDIX. 

a long period, but afterwards reduced to a few years. Tlie 
violent measures in Mr. Cosby's time, led the assembly to 
the scheme of an annual provision. These are the words of 
that much famed address of the house, to lieutenant-gover- 
nor Clarke, on the 8th of September, 1737, previous to the 
change. 

" The true causes of the deficiency of the revenue, we 
believe, are too well known to your honour, to make it neces- 
sary for us to say much on that head. Had the conspicuous 
loyalty of the inhabitants of this province met with a suita- 
ble treatment in return : it is not unlikely, but we should 
now be weak enough to act like others before us, in being 
lavish beyond our abilities, and raising sums unnecessary to 
be given ; and continued the donation, like them, for a longer 
time than what was convenient for the safety of the inhabi- 
tants : but experience has shown the imprudence of such a 
conduct; and the miserable condition to which the province 
is reduced, renders the raising of large sums very difficult if 
not impracticable. We therefore beg leave to be plain with 
your honour, and hope you will not take it amiss, when we 
tell you, that you are not to expect, that we either will raise 
sums unfit to be raised, or put what we shall raise into the 
power of a governor to misapply, if we can prevent it ; nor 
shall we make up any other deficiencies, tlian what we con- 
ceive are fit and just to be paid ; or continue what support or 
revenue we shall raise, for any longer time than one year. 
Nor do we think it convenient to do even that, until such 
laws are passed as we conceive necessary for the safety of 
the inhabitants of this colony, who have reposed a trust in 
us for that only purpose ; and which we are sure you will 
think it reasonable we should act agreeable to, and by the 
grace of God we will endeavour not to deceive them." 

The sentiments of this address still prevail among the peo- 
ple, and therefore the success of the present solicitations, for 
a permanent, indefinite support, will probably be in vain. 

The matter has been often litigated with great fervenc}^ 
on both sides, and the example of the British parliament 



AFPENDIX. 367 

urged as a precedent for our imitation. To this it is answered 
that the particular state of this province differs so widely 
from that of their mother country, that we ought not in this 
respect to follow the custom of the commons. Our constitu- 
tion, as some observe, is so imperfect in numberless instan- 
ces, that the rights of the people lie, even now, at the mere 
mercy of their governors ; and granting a perpetual support, 
it is thought, would be in reality little less than the loss of 
every thing dear to them. 

It must be confessed that many plausible arguments may 
be assigned, in support of the jealousy of the house. A go- 
vernor has numberless opportunities, not proper to be men- 
tioned, for invading the rights of the people, and insuperable 
difficulties would necessarily attend all the means of redress. 

By gradual advances, at seasonable junctures, we might 
have introduced such amendments as would at this day 
have established a sound and well fortified political frame ; 
but through our utter neglect of education, the ancient as- 
semblies consisted of plain, illiterate, husbandmen, whose 
views seldom extended farther than to the regulation of high- 
ways, the destruction of wolves, wild cats, and foxes, and 
the advancement of the other little interests of the particU" 
lar counties which they were chosen to represent. 



CHAPTER VI. 

OF OUR LAWS AND COURTS. 

The State of our laws opens a door to much controvers}''. 
The uncertainty with respect to them renders property pre- 
carious, and greatly exposes us to the arbitrary decisions of 
bad judges. The common law of England is generally 
received, together with such statutes as were enacted before 
we had a legislature of our own ; but our courts exercise a 
sovereign authority, in determining what parts of the com- 
mon and statute law ought to be extended ; for it must be 



368 APPEjyDiJk^. 

admitted, that the difference of circumstances necessarily 
requires us, in some cases, to reject the determinations of both. 
In many instances they have also extended, as I have else- 
where observed, even acts of parliament, passed since we 
have had a distinct legislation, which is adding- greatly to 
our confusion. The practice of our courts is not less uncer- 
tain than the law. Some of the English rules are adopted 
and others rejected. Two things therefore seem to be abso- 
lutely necessary for the public security. 

First, The passing an act for settling the extent of the 
English laws ; and. 

Secondly, That the courts ordain a general set of rules for 
the regulation of the practice. 

To give a particular account of our laws civil and criminal, 
cannot be expected in this work. All lands are held of the 
crown by socage tenure, as those of East-Greenwich, at 
home, in the county of Kent ; and the manner of obtaining a 
title to such as are vacant, or in the posession of the Indians, 
is this : 

Formerly the custom was to appl)/^ to the governor in coun- 
cil, for a license to purchase lands of the Natives in his Ma- 
jesty's name. A deed was then privately obtained from the 
Indian proprietors to the king, and annexed to a second peti- 
tion to the governor, for a warrant to the surveyor-general, 
to make a survey of the quantity purchased. Another war- 
rant, upon the return of the survey, was then issued to the 
attorney-general, to prepare a draught of tbe patent ; which 
being transmitted to the secretary's office, was then engrossed 
upon parchment, and the great seal affixed to it by the 
governor. 

In these surveys and deeds more lands were often included 
than the Indians intended to sell ; and these frauds being 
frequently complained of, an order was made by the gover- 
nor and council, in 1736, that thenceforth no Indian deed 
should be taken, until the land proposed to be granted was 
actually surveyed by the surveyor-general, or one of his 
deputies, in the presence of the Indian proprietors : that the 



APPKA'DIX. oU9 

bounds of the tract should be then entered m the deed, and 
a certificate endorsed, that they are agreeable to the survey, 
and that he saw the consideration money or goods, bona jidc 
delivered to the venders. The patenting of lands has long 
been, and still continues to be, very expensive. 

Our law judicatories are numerous ; I begin with the 
lowest. 

OF THE justices' COURT. 

Justices of the peace are appointed by commission from 
the governors, who, to serve their purposes in elections, some- 
times grant, as it is called, the administration to particular 
favorites in each county, which is the nomination of officers 
civil and military ; and by these means, the justices have 
been astonishingly multiplied. There are instances of some 
who can neither write nor read.* These Genii, besides 
their ordinary powers, are by acts of assembly enabled to 
hold courts for the determination of small causes of five 
pounds and under ; but the parties are privileged, if they 
choose it, with a jury. The proceedings are in a summary 
way, and the conduct of the justices has given just cause 
to innumerable complaints. The justices have also a juris- 
diction with respect to crimes under the degree of grand 
larceny; for any three of them (one being of the quorum) 
may try the criminal, without a jury, and inflict punishments 
not extending to life or limb. 

THE SESSIONS AND COURT OF COIMMON PLEAS. 

The court of Common Pleas takes cognizance of all causes 
where the matter in demand is in value above five pounds. 
It is established by an ordinance of the governor in council. 
The judges are ordinarily three, and hold their offices during 
pleasure. Through the infancy of the country, few, if any of 

* Lord Bacon's observation, that there are many who count it a credit to be 
burdened with the office of a justice of the peace, is very applicable to up. 
Bacon's Works, fol. vol. II. p. 151.— The statvitc of 38 Hen. VIII, limited the 
Piimber of justices to eight in a county. 

VOL. II.— 47 



370 ArpENUix. 

them, are acquainted with the law. The practice of these 
courts is similar to that of the common-bench at Westmin- 
ster. They have each a clerk, commissioned by the governor, 
who issues their writs, enters their minutes, and keeps the 
records of the county. They are held twice every year. 
These judges, together with some of the justices, hold, at the 
same time, a court of general sessions of the peace. 

THE SUPREME COURT. 

The jurisdiction of this court extends through the whole 
province, and its powers are very great. For it takes cog- 
nizance of all causes civil and criminal, as fully as the King's 
Bench and Common-Pleas at Westminster. In civil contro- 
versies, the value of the sum demanded must exceed twenty 
pounds. This court has four terms in a year, and always sits 
at New- York.* The judges, for many years past, have 
been but three. The chief justice has ten shillings as a per- 
quisite, upon the first motion in every cause, together with 
an annual allowance of jCSOO. The second and third jus- 
tices have also yearly appointments, too inconsiderable to be 
worth mentioning. They hold their offices by separate 
commissions under the great seal of the province, which 
were formerly during pleasure, but of late quam diu se bene 
qesserint.'f 

The Supreme Court was at first established by several 
laws of the province ; but the terms were, afterwards, directed 
by an ordinance of the governor and council, which is 
alterable at pleasure. 

Whether this court has a right to determine causes in a 
course of equity, was a question much litigated during the 

* The terms commence on the third Tuesdays in January, April, and October, 
and on the last in July. The first and the last continue five days, and the two 
other terms ten, 

i Prosecutions by information are often commenced in the supreme court by 
order of the governor and council, and criminals sometimes committed by their 
warrants ; for vifhicJi reason some are of opinion, that the judges ought not to bp 
?nembers of that board, which is frequently the cai?e. 



APPKNDIX. .'ill 

troubles in the several administrations oi Mr. Cosby and Mr. 
Clarke. Colonel Morris, afterwards governor of New-Jersey, 
sat then as chief justice upon the bench, and delivered a loig^ 
argumentative, opinion in the negative.* The people were, 
in general, on that side, and the exchequer court bell scarce 
ever rung, but the city was all in confusion. Petitions 
against the court, from several parts of the province, came 
up to the assembly, who desired to hear council ; and accord- 
ingly Mr. Smith and Mr. Murray, delivered their opinions at 
their request, both which were afterwards printed by their 
order. The former, who spoke first, urged numerous au- 
thorities, to prove that no court of equity could be legally 
established except by prescription or an act of the legislature, 
and concluded with these words : — "j'Tis with the greatest 
submission that I tender my opinion upon these points. — I 
have said nothing with a design to offend any man, nor 
have I omitted saying any thing, that I thought might tend 
to the public good. Liberavi aniniam meam. I have endea- 
voured to discharge the trust, and support the character, 
with which this house has honoured me. You have ray 
sincere and real sentiments. If I have erred in any thing, it 
has been unwillingly. I am heartily a friend to this colony, 
and earnestly wish its prosperity. I have no interest in the 
points in question, but what are common to all the freemen 
of this province. I profess the greatest veneration for the 
laws of my country, and am glad of every opportunity to do 
them public honour. They place our liberties upon the 
firmest basis, and put our properties under the surest protec- 
tion. I rejoice in the secmity that we have of a long enjo}'- 
ment of them, by the settlement of the succession in the 
house of Hanover. — ' Tis the excellency of our constitution, 
and the glory of our princes, that they are sovereign over 

* See the printed opinion, and the arguments of Messrs. Alexander and 
Smith for tlie defendant Van Dam adsectum the attorney-general ; in support 
of a plea to the jurisdiction of the supreme court, on a bill filed there for 
governor Cosby in a course of equity. New-York, printed by .Tohn R. Zenger, 
1733. 



'iii APPENDIX. 

freemen, arui not slaves. 'Tis the misery of an arbitrary 
government, that a man can enjoy nothing under it that he 
can call his own. Life, liberty, and property, are not his, but 
all at the will and disposal of his tyrannical owner. I don't 
wonder that our ancestors have been always so jealous of 
their liberties : how oft have they bravely fought, and nobly 
died, in the defence of them 1 We have received our liberties 
and our laws, as an inheritance transmitted to us in the 
blood of our fathers. How highly therefore should we prize 
and value them ! And what care should we take, that we 
and our posterity may enjoy them in their full extent ? If 
this be our happy case, we shall sit under our own vines and 
our own fig-trees, and none will make us afraid. We shall 
see our country flourish, and ourselves a happy people. But 
if an arbitrary power over our liberties and properties be let 
in upon us, but at a back door, it will certainly drive many 
of us out of our habitations ; and 'tis to be feared, will once 
more reduce our country to a wilderness, and a land without 
inhabitant : which we doubt not but this honourable house 
will take care to prevent." 

Mr. Murray laboured to show that the chancery, king's 
bench, common pleas, and exchequer, were of original 
jurisdiction by the constitution of England ; and was fear- 
ful that our establishment of these courts here by an act of 
assembly, woidd draw into question our equal rights to all 
the liberties and privileges of Englishmen. He closed his 
opinion in this manner : — 

"And now, Mr. Speaker, I have in the best manner that I 
was capable of, performed what this honourable house 
desired of me, in giving truly my sentiments upon the 
subject matter of these petitions. 

" Mr. Smith in delivering his sentiments last Friday, did 
in so handsome and elegant a manner, fully prove that the 
people of this colony are undoubtedly entitled to the customs, 
laws, liberties and privileges of Englishmen, that it was 
needless for me to attempt the proof thereof, which otherwise 
I should have done. But I do entirely agree with him, in all 



APPENDIX. 373 

that he said on that head ; and I hope I have proved that the 
fundamental courts, by the laws of England, are as much 
part of those liberties and privileges, and as much by the 
customs and laws of England, as any other of their liberties 
and privileges are ; and of consequence, the people here as 
much entitled to those fundamental courts, as to their other 
privileges ; and have endeavoured to answer all the objections 
that I had heard were, or thought could be, made against 
our being entitled to the same courts. And upon the whole 
thereof, as there has been much talked about the liberties 
and privileges of the people, I would beg leave only to pro- 
pound this one question: Who is he that argues most in favour 
of the liberties of the people 1 He who affirms and proves, 
that they are entitled to those liberties and privileges, laws 
and customs of England, and the good old original courts, 
that are by those laws, without an act *? Or he who argues 
and says, we are not entitled to them, until an act is passed 
to establish them 1 I suppose the answer would be given, 
without hesitation, in favour of the former. 

" But, Mr. Speaker, if it yet should be said, that there is a 
necessity for making acts relating to those courts, I would 
beg leave to offer to this honourable house, the imitation of 
such laws relating to those courts, as the wise legislature of 
England have thought fit to make. I presume, it will not 
be said, there can be a better pattern offered for the assembly 
to go by. And it is not to be supposed, but that the parlia- 
ment at home has made all the regulations therein that can 
be thought necessary ; whereas going into new schemes and 
new inventions, may be attended with many inconveniences, 
which, when they happen, may not be so easily remedied. 

" And I beg leave to conclude, by praying that God 
Almighty may guide, direct, and influence this honourable 
house in their debates and consultations upon this momen- 
tous affair, and that the end thereof may be for the good of 
all the inhabitants of this colony." 

The opposition to the exchequer became now stronger 
<haTi before the council were heard. And therefore, luider 



374 . APPEJNDIA. 

these discouragements, tlie court has taken cognizance of im 
causes since Van Dam's, nor has that indeed ever been deter- 
mined.* 

* Sir John Randolph wrote his sentiments concerning these disputes to 
captain Pearse. And as he was an eminent lawyer, in Virginia, I doubt not 
his letter will be acceptable to the reader. 

"SIR — By your request, I have perused and considered the arguments of Mr. 
Smith and Mr. Murray, before the General Assembly of New- York, in rela- 
tion to the court of equity established there in a new court of exchequer ; 
which I perceive was done, principally, for determining a dispute between the 
governor and the president of the council, about their right to the salary 
annexed to the office of the commander-in-chief, whether he be the governor 
or president; and it seems strange to me, tliat upon such an occasion, so extra- 
ordinary a step should be taken, a.s the erecting of a new court, exempted from 
the rules of proceeding at the common law, when the matter might have been 
decided in an action of the case upon an Indebitatus assumpsit, which is the 
settled method and most expeditious remedy in cases of that nature. 

" Both of these gentlemen seem to have agreed in one point, that it was 
necessary to trace the court of chancery and the equity court in the exchequer 
back to their original institution, in order to show whether the governor of a 
new plantation hath a power or not to erect courts, in imitation of these high 
and ancient courts in England. — And from their researches, they seem to have 
made very different conclusions. Mr. Smith rightly concludes against the 
legality of this court ; but Mr. Murray is afraid all must be lost, if the four 
fundamental courts, as he calls them, can't be obtained in New- York. — I own I 
don't understand the force of this sort of reasoning, nor can I conceive, how 
any inquiry into the original of the high court of chancery, which must after 
all end in a mere conjecture, can afford the least assistance, in forming a 
right judgment upon this question, which must depend upon the particular 
constitution of these foreign colonies. 

" The court of chancery in England has its being from custom and usage, to 
which it owes its legality. If it were to be erected now by the king's power it 
could not stand ; therefore it is undoubtedly a great absurdity to suppose, that 
upon the planting every new colony by the subjects of England, new courts 
must spring up, as it were from the roots of the ancient courts, and be 
established without the consent of the legislature, because we can imitate their 
methods of proceeding, though we are very imperfect in comparison to their 
reason and judgment. Then I think there is another impropriety in the debate 
of this question ; they would argue from the power and prerogative of the 
Iving, to entitle the governor to act in the same manner. I think before they 
turn a governor into a king, they should take care, to provide for him the same 
sufficiency of wisdom and as able a council ; therefore I must suppose, a mighty 
difference between the power of a king and the governors abroad. Their 
instructions as to the erecting of courts, or the authorities granted in their 
patents for that purpose, are not now, as they were in the beginning, when there 
wfire no courts; but proper judicatures being long since established, there is an 



Jii'FKN-DIX. S75 

The judges of this court, according to an act of assembly, 
are judges of JVm Prius of course ; and agreeably to an 
ordinance of the governor and council, perform a circuit 

end of their power in that respect, and if" any alteration is found necessary, it 
must certainly be done by the consent of the leo-islature. The kings of England 
have always, so far as I am acquainted with the history of the plantations, used 
a particular tenderness in the business of erecting their courts of judicature, 
by directing their governors to take the advice of the general assemblies in that 
matter, and I dare say, that if the patents and instructions of the governor of 
New- York were to be inspected, no sufficient warrant will be found in them, to 
exercise this high power of setting up new courts. But be that as it will, this 
is most manifest, that setting up one or more men, with power to judge men's 
properties, by other rules than those of the common law, by which alone we of 
the plantations must be governed, must subject the estates of that people to an 
arbitrary rule, so far as they are restrained from appealing to an higher jurisdic- 
tion, and may enslave them to the weak, if not corrupt, judgments of those men. 
It really seems to be a singular misfortune to the people of New- York, that a 
question of this nature should be so far countenanced, as to become a subject of 
argument, when I believe, in any other colony, it would not have been thought 
a matter of any doubt or the least difficulty. But above all, it is most e.xtrava- 
gant, that a court of equity should be erected, for the trial of a cause of which, 
without doing violence to its nature, it cannot have any jurisdiction ; and I 
have wondered, in so warm a debate, that this point has been passed over. 
I think nothing could entitle the court of equity to proceed in the cause be- 
tween the governor and Van Dam, unless there was a want of proof of 
Van Dam's receiving the money in dispute, which I suppose is impossible, since 
it must have issued out of the public treasury of the province. If I had been 
to have argued this point, I should have taken a very different method from 
tiiose gentlemen. Instead of taking so much pains, in running through so many 
book cases, to settle what the constitution of England is, I would have stated 
the constitution of this particular government, as it is grounded either upon 
treaties or grants from the crown of England ; for as New- York was a conquered 
country, it is very probable something may have been stipulated between the 
States General and the crown of England, in behalf of the subjects of Holland, 
which were left there in possession of their estates, and so became subjects to 
England. If there was any such treaty, that must be looked upon as the funda- 
mental law of the province ; and next to that, the king's charter must take place. 
I don't at all doubt, but some way or other, the common law was estabhshed 
there, and if not, as there is a legislature, I suppose it is adopted by the country ; 
for there is, undoubtedly, a great difference between the people of a conquered 
country, and colonies reduced by the king's consent by the subjects of England. 
The common law follows them wherever they go, but as to the other, it must 
rise either from treaties or grants ; therefore it is a pity every thing in relation 
to this matter has been omitted, which would have been of great use to those 
who are unacquainted with the facts, in forming a judgment in this case. I can'f. 
forbear observing a mighty weakness in the lawyers of New- York, in blindlr 



37ti APPENDIX. 

through the counties once every year. They carry with 
them, at the same time, a commission of oyer and terminer 
and general jail delivery, in which some of the county jus- 
tices are joined. 

The judges and practisers in the supreme, and all other 
courts, wear no peculiar habits as they do at Westminster- 
Hall and in some of the West-India islands ; nor is there, as 
yet, any distinction or degrees among the lawyers. 

The door of admission into the practice is too open. The 
usual preparatories are a college or university education, and 
three years' apprenticeship ; or, without the former, seven 
years' service under an attorney. In either of these cases, the 
chief justice recommends the candidate to the governor, who 
thereupon grants a license to practise, under his hand and 
seal at arms. This being produced to the court, the usual 
state oaths and subscription are taken, together with an oath 
for his upright demeanour, and he is then qualified to prac- 
tise in every court in the province. Into the county courts, 
attornies are introduced with still less ceremony. For our 
governors have formerly licensed all persons, how indiflerently 
soever recommended ; and the profession has been shame- 
fully disgraced by the admission of men not only of the 
meanest abilities, but of the lowest employments. The pre- 
sent judges of the supreme court are the honourable (for that 
is their title) 

James De Lancey, esq. chief justice. 

John Chambers, esq. second justice. 

Daniel Horsmanden, esq. third justice. 
They have but two clerks : one attendant upon the supreme 

following a common error, in relation to the statutes of England being in force 
there ; whereas there is no foundation in sense or reason for such an opinion. 
The common law must be the only rule, and if we wade into the statutes, no 
man can tell what the law is. It is certain all of them can't bind, and to know 
which do, was always above my capacity. Those that are declarative of the 
common law, serve us rather as evidences, than by any binding quality as 
statutes. 

" 1 am, sir, your most obedient servant, &c. 

"JOHN RANDOLPH;* 



APPENDIX. 37? 

court at New-Vork, and the otlier on the cucuits. The for- 
mer seals all their process and is keeper of the records. 

THE COURT OF ADMIRALTV. 

The only officers of this court are the judge, or commis- 
sary, the register and marshal. The present judge, Lewis 
Morris, esq. has, by his commission,* a jurisdiction in all 
maritime affairs, not only here, but in the colonies of New- 
Jersey and Connecticut. The proceedings before him are in 
English, and according to the course of the civil law. 

THE PREROGATIVE COURT. 

The business of this court relates to the probate of last 
wills and testaments, and the grants of letters of administra- 
tion on intestate estates. The powers relative to these 
matters are committed to the governor, who acts ordinarily 
by a delegate. 

THE COURT OF THE GOVERNOR AND COUNCIL. 

The authority of this court is best seen in the instruction 
on which it depends. 

" Our will and pleasure is, that you, or the commander-in- 
«hief of om said province, for the time being, do all in civil 
causes, on application being made to you, or the commander- 
in-chief for the time being, for that purpose, permit and allow 
appeals, from any of the courts of common law in our said 
province, unto you or the commander-in-chief, and the coun- 
cil of our said province ; and you are, for that purpose, to issue 
a Avrit, in the manner which has been usually accustomed, 
returnable before yourself and the council of our said pro- 
vince, who are to proceed to hear and determine such appeal ; 
wherein such of our said council, as shall be at that time 
judges of the court from w^hence such appeal shall be so 
made, to you our captain-general, or to tlie commander-in- 
chief for the time being, and to our said council, as aforesaid, 

* It is under the seal of the admiralty, and dated January 16, 1738. 

VOL. I. — 48 



378 APPENDIX. 

shall not be admitted to vote upon the said appeal; but they 
may, nevertheless, be present at the heaving thereof, to give 
the reasons of the judgment given by them, in the causes 
wherein such appeals shall be made. 

"Provided nevertheless, that in all such appeals, the sum 
or value appealed for, to exceed the sum of* three hundred 
pounds sterling ; and that security be first duly given by the 
Tippellant, to answer such charges as shall be awarded, in 
case the first sentence be affirmed ; and if either party shall 
not rest satisfied with the judgment of you, or the com- 
inander-in-chief for the time being, and council as aforesaid, 
our will and pleasure is, that they may then appeal unto us 
in our privy council. Provided the sum or value so appealed 
for unto us, exceed five hundred pounds sterling, and that 
such appeal be made within fourteen days after sentence, 
and good security given by the appellant, that he will effec- 
tually prosecute the same and answer the condemnation, and 
also pay such costs and damages as shall be awarded by us, 
in case the sentence of you, or the commander-in-chief for 
the time being, and council be affirmed. Provided neverthe- 
less, where the matter in question relates to the taking or 
demanding any duty payable to us, or to any fee of office, or 
annual rent, or other such like matter or thing, where the 
rights in fiitme may be bound, in all such cases, you are to 
admit an appeal to us in our privy council, though the imme- 
diate sum or value appealed for be of a less value. And it 
is our further will and pleasure, that in all cases where, by 
your instructions, you are to admit appeals to us in our privy 
council, execution be suspended, until the final determina- 
tion of such appeals, unless good and sufficient security be 

* Before the arrival of sir Danvers Osborn, appeals were given to the gover- 
nor and council, in all causes above £100 sterling, and to the king in council, in 
all those above £300 sterling. By this instruction, the power of the supreme 
court and of the governor and council, is prodigiously augmented. In this infant, 
country few contracts are equal to the sums mentioned in the instruction, and 
therefore an uncontrollable anthority in our courts may be dangerous to the 
property and liberties of l^e people. Proper checks upon judges preserve them 
both from indolence and corruption. 



APPENDIX. 3v9 

given by the appellee, to make ample restitution of all thai, 
the appellant shall have lost by means of such judgment or 
decree, in case upon the determination of such appeal, such 
decree or judgment should be reversed, and reh^litution 
awarded to the appellant." 

THE COURT OF CHANCERS. 

Of all our courts, none has been more obnoxious to the 
people than this. There have been (as I have already 
shown) few administrations since its first erection, in which 
our assemblies have not expressed their disapprobation of its 
constitution by ordinance, and the exercise of the chancellor's 
power by the governor. During the administration of 
Governor Cosby, a bill was filed by sir Joseph Eyles and 
others, to vacate the oblong patent granted by his immediate 
predecessor to Hauley & Company. The defendants except- 
ed to the governor's jurisdiction, but being over-ruled they 
resorted to the assembly with a complaint, and the house, 
on the 6th of November, 1735, resolved, 

" That a court of chancery in this province, in the hands 
or under the exercise of a governor, without consent irt 
general assembly, is contrary to law, unwarrantable, and of 
dangerous consequences to the liberties and properties of the 
people." 

The same sentiments obtained among the people in Mr. 
Clarke's time, as is very evident in the memorable address of 
the assembly, in 1737, a part of which, relative to the court 
of chancery,«s too singular to be suppressed. 

"The settling and establishing of courts of general jurisdic- 
tion, for the due administration of justice is necessary in 
every country, and we conceive they ought to be settled and 
established, by the acts of the whole legislature, and their 
several jurisdictions and powers by that authority limited and 
appointed, especially courts that are to take cognizance of 
matters in a course of equity. This has been the constant 
practice in England, when new courts were to be erected, or 
old ones to be abolished or altered ; and the several kincs o! 



•380 APPENDIX. 

England, in whose reigns those acts were made, never con- 
ceived, that the setthng, erecting, or aboHshing courts, by 
acts of the legislature, had any tendency to destroy or in the 
least to diminish their just and legal prerogatives. It was 
the method in use here, both before and since the revolution, 
and particularly recommended to the assembly to be done in 
that manner, by a message from governor Sloughter and 
council, on the 15th day of April, 1691. He was the first 
governor since the revolution ; and the governors that since 
that time assented to those acts, we suppose, never in the 
least imagined they were giving up the prerogative of their 
masters when they gave that assent ; nor did we ever learn 
that they were censured for doing so. — On the contrary, the 
constant instructions that have from time to time been given 
to the governors of this province, seem clearly to point out 
the doing of it by acts of the legislature, and not otherwise, 
as may be gathered from the instruction for the erecting of 
a court for the determining of small causes, by which there 
are positive directions given to the governors, to recommend 
it to the assembly that a law should be passed for that pur- 
pose ; but notwithstanding these directions, given in direct 
and express terms, the governors never would apply for such 
an act, but erected that covu-t by an ordinance of themselves 
and council, as they did the court of chancery, which had 
before that time been erected by acts of the legislature in 
another manner. They could not be ignorant what dissa- 
tisfaction the erecting of a court of chancery in that manner 
gave the generality of the people. This was very manifest 
by the resolves of the general assembly at the time of its 
fust being so erected, and often since, declaring the illegality 
of such a proceeding. And though these resolves have 
been, as often as made, treated by the governors with an un- 
reasonable disregard and contempt of them, yet to men of 
prudence they might have been effectual, to have made 
them decline persisting in a procedure so illegal, and so 
generally dissatisfactory ; and which (as they managed it) 
proved of no use to the public or benefit to themselves. For 



APPENDIX. 381 

as few of them had talents equal to the task of a chancellor, 
which they had undertaken to perform, so it was executed 
accordingly. Some of them being willing to hold such a 
court, others not, accordingly as they happened to be influ- 
enced by those about them. So that were it really esta- 
blished in the most legal manner, (as it was not,) yet being in 
the hands of a person not compellable to do his duty, it was 
so managed, that the extraordinary delays and fruitless 
expense attending it, rendered it not only useless, but a 
grievance to the inhabitants, especially those who were so 
unfortunate as to be concerned in it : which we hope you 
think with us, that it is high time should be redressed. 

" Your honour well knows that the establishing that court, 
in the manner it has been done, has been a subject of con- 
tention between the governors and the assembly ; and since 
H is confessed by all, that the establishing both of that, 
and other courts, by act of the legislature, is indisputably 
legal, and gives them the most incontrovertible authority ; 
and, if unquestionably legal, what is so cannot be destruc- 
tive of his majesty's prerogative. We therefore hope, you 
will make no scruple of assenting to this bill, to put an end 
to the contention, that has not been, nor will be, while it 
continues, beneficial to his majesty's service." 

From this time the chancery has been unattacked by the 
assembly, but the business transacted in it is very inconsi- 
derable. A court of equity is absolutely necessary, for the 
due administration of justice ; but whether private property 
ought to be in the hands of the governors, I leave others to 
determine.* As the public business of the colony increases, 
few of them, I believe, Avill be ambitious of the chancellor's 
office, as they have not the assistance of a master of the 
rolls. The present ofiicers of this court (which is always 
held in the council-chamber at the fort) are, his excellency, 
sir Charles Hardy, knt. chancellor, two masters, two clerks, 
one examiner, a register, and a sergeant-at-arms, and not 

* Some are of opinion, that llie governor's jurisdiction in this and the spiri- 
f ual, or oreroofaMve rrwxrt, are incompatible. 



SS2 APPENDIX. 

one of them has a salary. In our proceedings we copy after 
the chancery in England, and indeed in all our courts, the 
practice at home is more nearly imitated in this and New- 
Jersey, than in any other province upon the continent. Few 
of our assemblies have been capable to concert any new regu- 
lations of this kind ; and hence the lawyers have had 
recourse to the English customs and forms, which they have 
generally adopted. While the New-England colonies, 
through the superior education of their representatives, 
have introduced numberless innovations peculiar to them- 
selves, the laws of our mother country have gradually 
obtained here, and in this respect, the public has perhaps 
received advantages, even from the ignorance of our 
ancestor;?. 



NOTES. 



NOTES. 



Note A. — Page 2. 

Charlevoix, a French Jesuit, author of the General History of New France, 
thinks the discovery of New- York and Hudson's river was in 1609; but Stith, 
Douglass, Oldmixon, and other English writers agree, that Hudson's first voyage 
was in the preceding year. It was thought to be a demonstration of a discovery 
of the country before this period, that the marks of a hatchet were found on the 
body of a tree in the spring of 1775, which had been made in 1590. The 
block was brought to town and shown to the author. But tlie discoverer abused 
the value he had set upon this curiosity, to whom I observed, that the Indians, 
upon the autiiority of Stith 's history, might have got the instrument from Canada, 
where Targues Carteu, according to De Laet, the discoverer, had watered in 
153(5, at St. Croix, a little above Quebec, and afterwards revisited the St. Law- 
rence in 1540 with five ships, and continued the crew at Chaslebourg, above 
St. Croix, to 1542, or from the English who came first to Wococon, or Ocacock, 
to the soutiiward of Cape Hatteras, on the second of July, 1582, and a few da3's 
after entered Albemarle Sound. That they returned to it under Sir Richard 
Grcnville on the 26th May, 1585, who, on his return that summer to England, left 
about one hundred persons at Roanoke, who expanded themselves southward 
and northward, and had dealings with the Indians above one hundred and thirty 
miles northwest into their country. That Sir Francis Drake visited the new 
colony in 1586, after burning St. Antony Urlena, in Florida, where he found the 
Spaniards had commenced settlements. That Sir Richard Grenvllle revisited 
that country the same year, and Capt. White with his company the next; and 
that in 1588 Sir Walter Raleigh had then expended forty thousand pounds 
upon the enterprise for planting a colony under the name of \'irginia. — 
Sir Thomas Smith's company, after Raleigh's assignment, arrived August the 3d, 
1590, the year designated on the block. Mr. Robert Yates, the surveyor, 
who brought it to town, gave me the following certificate of the discovery in a 
letter dated May the 3d, 1775 : 

" Sir : In the course of the survey of the patent granted in the year 1672, to 
Van Hendrichy Van Baale, in the county of Albany, as claimed by the proprie- 
tors thereof, the surveyors were particularly directed by the arbitrators appointed 
for the determination of its contested boundaries to bore the marked trees 
standing on and at some distance from the I'mes. In consequence of it a num- 
VOL. T. — 49 



386 ' ' NOTES. 

her of" trees were bored ; several whereof appeared to be cut or marked, wliosp 
respective ages, upon ascertaining the streaks grown over such marks, counted 
from 110 to 140 years. But what more particularly strikes my attention, and 
to which I can find no satisfactory solution is, that at tlie distance of about one 
mile south-west from a hill called Kych.Uyt,in a pine wilderness, remote from 
any settlement, one of the axe-men, for the sake of keeping him in employ, was 
ordered, on the seventh March, 1775, to cut a pitch pine tree of about two feet 
diameter, whereon there was little, if any, appearance of a mark — about six 
inches in the tree a cut or mark was discovered and the block taken out. In 
splitting it with the grain it opened to our view several cuts of an axe or other 
sharp iron tool, the dents whereof appeared as fresh and new ns if the mark 
had been made witliin a year. In counting of the rings or streaks grown over 
these marks, it amounted to one hundred and eighty-five, so that the cut was 
made mthe year 1590, at least 17 years befoje Hudson's discovery of this coun- 
try. It is well known that the natives had no iron tools before their acquamtance 
and intercourse with the Europeans, and it is this circumstance that involves 
me in the difficulty of accounting for its mark at that early period. Proof of the 
number of streaks grown over marks has often in our courts been allowed to 
ascertain its age. I have, therefore, been at some pains to discover its certainty, 
and can, from my own experience, declare that it amounts to demonstration.— 
Among the variety of instances, the two following are the most remarkable : — In 
the year 1762, 1 was present when a number of trees were marked on the survey 
of the township of Kinderhook. In the year 1772, 1 re-surveyed these lines, and 
ordered several of those marks to be opened, and thereupon found that all those 
trees, though of different kinds, invariably counted ten streaks above the marks. 
I have, also, been employed in the year 1768 to re-survey the bounds of a patent, 
which appeared by the deputy surveyor's return to have been origmally laid 
out for the patentee in the year 1738 : to satisfy myself as to the certainty of 
the trees which were shewn me as marked on his survey, I bored a beach tree, 
whereon the initial letters of Iiis name appeared standing in the comer of one of 
the sides, and found that the streaks above it counted exactly tliirty. 
I am, sir, your most obedient servant, 
New-York, May 3, 1775. ROBERT YATES. 

On inspecting the block, I obserred that the rings of growth differed in their 
distance from each other, probably according to the variety of the years as more 
or less favorable. But if the age of the tree is to be computed by the fourth part 
of its diameter acquired in one hundred and eighty-five years, and was conse- 
quently for twenty-four inches over seven hundred and forty years old, how 
venerable cur forests of pine in which there are many trees of from three to 
four feet in diameter, which must then be from one thousand to near fifteen 
hundred years old ; and how many more they continue at a stand and on the 
decline before they fall, none can presmne. The land most aboimding with 
pine is light, dry and sandy, and where the trunks have rotted away they have 
knots which no weather seems to affect ; yet in the repletion of tlie interstices 
%vith rosin or an unctuous substance that is very inflamable, and which the 
country people collect and use for lights to work by in long winter evenings.— 
These are found where there is not the least appearance of a hillock for the 
trunk to which they originally belonged, and this leads to as remote antiquity for 



rs'oiES. 



SSI 



their first formation as for rocks and other permanent substances. Pliny says, 
" Vita arborum qurcrundarum immensa credi potest," but he mentions no species 
of trees with certainty of an age equal to what we conjecture of the American 
firs commonly called pitch pine. There is a white pine tree on the banks of 
Batton creek, in the township of Cambridge, in this province, of the diameter of 
seven feet. No fir as yet discovered exceeds four. 

Note B. — Page 3. 

The pamphlet is entitled, "Beschryvinghevan Virgiiiia, Neiuw Nederland," 
&c. and was printed at Amsterdam in 1651. It contams two descriptions of the 
Dutch possessions. The first is a copy of that published by John De Laet, at 
Leyden. The second gives a view of this country several years after, in 1G49. 
A short representation of the country of the Mahakuase Indians, written in 
1G44, by .Tohn Megapolensis, jun. a Dutch minister residing here, is annexed to 
that part ofthe pamphlet concerning New-Netherland. 

Note C. — Puge 5. 

The anonymous Dutch author of the description of New-Netherland in 
1649, calls him Minnewits ; and adds, that in 1638 he arrived at Delaware with 
two vessels, pretending that he touched for refreshment in his way to the West- 
Indies; but that he soon threw ofthe disguise, by employing his men in erect- 
ing a fort. The same historian informs us of the murder of several Dutch men 
at South River, by the Indians, occasioned by a quarrel, concerning the taking 
away the States' Arras, which the former had erected at the first discovery ofthe 
country ; in resenting which, an Indian had been kUled. If Kieft's letter alludes 
to this affair, then Minuit preceded Van T wilier, in the chief command here: 
and being perhaps disobliged by the Dutch, entered into the service of the queen 
ofSweden. 

Note D. — Page 7. 

The war between Cromwell and the States, which began July, 1G52, was con- 
cluded by a peace on the fifth of April, 1654. The treaty makes no particular 
mention of this country. If any part of it can be considered as relating to the 
American possessions, it is to be found in the two first articles, which are in 
these words : " Imprimis, it is agreed and concluded, tliat, from this day foi-- 
wards, tliero be a true, firm, and inviolable peace, a sincere, intimate and close 
friendship, affinity, confederacy, and union, betwixt the republic of England 
and the States General ofthe United Provinces ofthe Netherlands, and the land, 
countries, cities, and towns, under the dominions of each, without distinction of 
places, together with their people and inhabitants of whatsoever degree." 

U. "That hereafter all enmity, hostility, discord, and contention, betwixt 
the said republics, and their people and subjects, shall cease, and both parties 
shall henceforwards abstain from the committing all manner of mischief, 
plunder, and injuries, by land, by sea, and on the fresh waters, in all their lands 
countries, dominions, places, and governments whatsoever." 

Note E.—Page 26. 

It was in these words : " Forasmuch as his majesty hath sent us (by com- 
mission under his great seal of England,) amongst other things, to expel, or to 



388 NOTFS. 

reduce to his majesty's obedience, all such foreigners as williout his majesty's 
leave and consent, have seated themselves amongst any of his dommions in 
America, to the prejudice of his majesty's subjects and diminution ol his royal 
dignity, we, his said majesty's commissioners, do declare and promise, that 
whosoever, of what nation soever, will, upon knowledge of this proclamation, 
acknowledge and testify themselves, to submit to this his majesty's government, 
as his good subjects, shall be protected in his majesty's laws and justice, and 
peaceably enjoy whatsoever God's blessing and their own honest industry have 
furnished them with ; and all other privileges with his majesty's English subjects. 
We have caused this to be published, that we might prevent all inconveniences 
(o others, if it were possible ; however, to clear ourselves from the charge of all 
those miseries that may any way befal such as Uve here, and will acknowledge 
his majesty for their sovereign, whem God preserve.'" 

Note F. — Page 47. 

The Court of Assizes was one both of law and equity, for the trial of causes 
of £20, and upwards, and ordinarily sal but once a year; subordinate to this were 
tlie town courts and sessions ; the former took cognizance of actions under £5, 
and the latter of suits between that sum and twenty pounds: seven constables and 
overseers were judges in the first, and in the last the justices of the peace, with 
a jury of seven men. The verdict of the majority was suflScient. 

Note G. — Page 49. 

Another reason is assigned for the favour Renslaer met with from the crown* 
It is said, that while Charles II. was an exile, he predicted the day of his restora- 
tion. The people of Albany had a high opinion of his prophetic spirit, and 
many strange tales about him still prevail there. The parson made nothing 
of his claim, the manor being afterwards granted by Colonel Dongan to Killian 
Van Renslaer, a distant relation. This extensive tract, by the Dutch called a 
colony, is an oblong extending twenty-four miles upon Hudson's river, and as 
many on each side. The patent of confirmation was issued by special direction 
from the king, and is the most liberal in the privileges it grants of any one in 
the province. 

' Note U.—Page 63. 

Tlie amazing falsehoods and gross misrepresentations of the missionaries 
are notorious to all who give themselves the trouble of perusing the abstracts 
of their accounts pubUshed in England. It would be a very agreeable office 
to me, on this occasion, to distinguisli the innocent from the guilty, but that 
sucii a task would infallibly raise up a host of enemies. Many of the mis- 
sionaries are men of learning and exemplary morals. Those in America are 
known and honoured, and cannot be prejudiced by an indiscriminate censure. 
Their joining in a representation for distinguisliing the delinquents, who are a 
disgrace to the cloth, will serve as a full vindication of themselves to the society^ 
Mr. Ogilive is, I beheve, the only person now employed among the Indians by 
the English Society for Propagating the Gospel, and the greatest part even of his 
charge is in the city of Albany. All the Scotch missionaries are among the 
heathen, and their success has been sufficient to encourage any future attempts. 
There is a regular societv of Indian converts in New-Jcrspv : and it is worthy of 



fofL 



NOTES. S6ii 

remark, that not one of them has apostatized into heathenism. Some of them 
have made such proficiencies in practical rehgion, as ought to shame many of 
us, who boast the illuminating age of our native Christianity. Not one of these 
Indians has been concerned in these barbarous irruptions, which have lately 
deluged the frontiers of the south-western provinces, with the blood of several 
hundred innocents of every age and sex. At the commencement of these 
ravages, they flew into the settlements, and put themselves under the protection 
of the government. These Indians no sooner became christians, than they 
openly professed their loyalty to king George ; and, therefore, to contribute to 
their conversion was as truly politic as nobly christian. Tiiose colonies which 
have done most for this charitable design, have escaped best, from the late dis- 
tressing calamities. Of all tlie missionaries, Mr. David Brainerd, who recovered 
these Indians from the darkness of Paganism, was most successful. He died 
the 9th of October, 1747, avictim to his extreme mortification and inextinguish- 
able zeal for the prospertiy of his mission. Those who are curious to inquire 
particularly into the effects of his indefatigable industry, may have recourse 
to his journal, published at Philadelphia, by the American correspondents of 
the Scotch society, in whose service he was employed. Dr. Douglass, ever 
ready to do honour to his native country, after remarking that this self-denying 
clergyman rode about 4000 miles in the year 1744, with an air of approbation, 
asks, " Is there any missionary from any of the societies for propagating the 
gospel in foreign parts, that has reported the like ?" 

Note I. — Page 92. 

The following was tlie declaration of Leisler, signed the 3d of June, 1589 : — 
" Whereas our intention tended only but to the preservation of the protestant 
religion, and the fort of this city, to the end that we may avoid and prevent the 
rash judgment of the world, in so just a design, wee have thought fitt to let every 
body know by these public proclamation, that till the safe arryvell of the ships, 
that wee expect every day, from his royal highness the prince of Orange, with 
orders for the government of this country in the behalf of such person as the said 
royal highness had chosen, and honoured with the charge of a governor, that as 
soon as the bearer of the said orders shall have let us sec his power, then, and 
without any delay, we shall execute the said orders punctually; declaring that we 
do intend to submit and obey, not only the said orders, but also the bearer 
thereof, committed for the execution of the same. In witness hereof, we have 
sgined these presents, the 3d of June, 1689." 

Note K. — Page 161. 

The preamble of the act, suggested without doubt by the parties interested 
in its success, gives a history which no person in England was concerned to con- 
tradict. Mrs. Farmer, a descendant from Leisler, sent mc a copy of tlie statute 
in July, 1759. It may serve to show the propriety of calling for a report of 
facts which have happened at a distance, before final resolutions are taken upon 
them. 

" jin Act for reversing the Attainder of Jacob Leisler and others. — Whereas, 
in the late happy revolution, the inhabitants of the province of New-York, in 
America, did? in Iheir general assembly, constitute and appoint captain Jaco^i 



390 



AUTKb. 



I.eislcr to be comiuander-in-chief of the said province, untU their majesties- 
pleasure should be known therein. And the said Jacob Leisler was afterwards 
confirmed in the said command by his majesty's letter, dated tlie tliirtieUi day of 
July, one thousand six hundred and eighty-nine ; and the said Jacob Leisler 
havmg the administration of the said g-overntnent of New-York, by virtue of 
the said power and authority so given and confirmed to him as aforesaid, and 
bemgm the exercise thereof, captain Richard Ingoldsby arriving in the said 
province, in the month of January, Anno Domini one thousand six hundred 
and ninety, did, without producing any legal authority, demand of the said 
Jacob Leisler the possession of the fort at New- York ; but the said Jacob Leisler, 
pursuant to tlie trust in him reposed, refusing to surrender the said fort into the 
hands of the said Richard Ingoldsby, kept the possession thereof until the month 
of March then next following, at which time colonel Henry Sloughter being 
constituted captain-general and govcrnor-in-chief of the province, arrived there 
m the evening, and the said Jacob Leisler having notice thereof, that sameni^rht 
(though very late) took care to deliver the said fort to his order, which was done 
very early the next morning. 

"And whereas the said Jacob Leisler, also Jacob Milborne, Abraham Governeur, 
and several others, were arraigned in the Supreme Court of Judicature at New- 
York aforesaid, and convicted and attainted of high treason and felony, for not 
dehvermg the possession of the said fort to the said Richard Ingoldsby, and the 
said Jacob Leisler and Jacob Milborne were executed for the same. May it 
therefore please your most excellent majesty, at the humble petition and request 
of Jacob Leisler, the son and heir of the said Jacob Leisler, deceased, Jacob 
Milborne, the son and heir of the said Jacob Milborne, deceased, and of the said 
Jacob Governeur, that it be declared and enacted, 

^^^ndbe it enacted, by the king's most excellent majesty, bv and with the 
advice and consent of the lords spiritual and temporal and c;mmons in this 
piesen parliament assembled, and by the authority of the same, that the said 

tZf^r^'^T ''"'r "'' ""'' '"""'''^" °' '''' '^'^ J^-^ Leisler, deceased, 
Jacob Milborne, deceased, and the said Abraho.m Governeur, and ever^ of them 
be and ai^ repealed, reversed, made and declared null and void to all intent.' 
constructions, and purposes whatsoever, as if no such convictions, judo-menti' 
or attainders had ever been had or given; and that no corrupti;n of blood 
or other penalties, or forfeitures of goods, chattels, lands, tenement heredita 

ments, be by the said convictions andattainders,oreitherof them, it^^^^^^^^^^^^ 
saul usage or custom to the contrary notwithstandin,<.." ' ' 



ENn OF VOL. 1. 



im..: 



